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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"
Cases

SGNB v Minister for Immigration [2003] FMCA 38 (1 May 2003)

MIGRATION - Application for review of Refugee Review Tribunal decision - no prior grant of visa - no denial of procedural fairness by Tribunal - no jurisdictional error.

Kumar v Minister for Immigration [2003] FMCA 5 (24 January 2003)

MIGRATION - Review of decision of Migration Review Tribunal affirming decision not to grant a spouse visa - domestic violence by nominator relied on - whether MRT entitled to reject evidence of applicant as lacking credibility - whether domestic violence can be perpetrated by nominator's agent - requirement for statutory declaration to state that domestic violence within the meaning of the Regulations has been committed - Review of Migration Review Tribunal affirmed.

Singh v Minister for Immigration [2004] FMCA 732 (29 October 2004)

MIGRATION - Application for review of Migration Review Tribunal decision - whether applicant is nominator's "carer" - whether applicant denied procedural fairness - failure of Migration Review Tribunal to bring to applicant's attention a substantial issue upon which the decision was likely to turn - whether Tribunal's failure in this regard amounted to jurisdictional error.

Alam v Minister for Immigration [2004] FMCA 583 (11 October 2004)

MIGRATION - Application to declare decision of delegate of respondent null and void and to review decision of Migration Review Tribunal - whether delegate followed procedures for cancellation of visa - whether notice of intention to cancel specified reasonable time for interview, properly specified particulars of grounds and whether provided in advance of interview - effect of non-compliance with notification procedures - whether Tribunal can `cure' a defect in the notification procedures - interpretation of condition 8105 - meaning of `week' when the institution is in session - whether matter should be remitted to Tribunal.

SZDUB v Minister for Immigration [2004] FMCA 571 (14 September 2004)

MIGRATION - Protection visa - RRT failed to address significant part of claims - Six years delay with involvement in Muin and Lie - Relief not refused.

NAOV v Minister for Immigration [2003] FMCA 70 (16 April 2003)

MIGRATION - Application for review of Refugee Review Tribunal decision - procedural fairness - standard of interpretation - no jurisdictional error.

SZAYW v Minister for Immigration [2004] FMCA 796 (25 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant a stateless Palestinian claiming political persecution in Lebanon - conduct of a joint hearing with other applicants by the RRT - whether a breach of s.429 of the Migration Act 1958 (Cth) - whether procedurally unfair.

MZWDX v Minister for Immigration [2004] FMCA 881 (26 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - Allegedly inconsistent RRT decisions - relevance of other RRT decisions.

WAIX v Minister for Immigration [2004] FMCA 729 (29 October 2004)

MIGRATION - Review of Refugee Review Tribunal's decision affirming a delegate's refusal of a protection visa - disputed findings of fact - no reviewable error found.

Chandra v Minister for Immigration [2004] FMCA 694 (13 September 2004)

MIGRATION - Partner temporary visa - whether Migration Review Tribunal complied with s.359A of the Migration Act - role of Court in dealing with practical outcome.

Sun v Minister for Immigration [2004] FMCA 582 (10 September 2004)

MIGRATION - Review of Migration Review Tribunal's decision to grant the applicant an Employer Nomination (Residence) (Class BW) visa - Procedural Fairness - invitation under s.359 of the Migration Act to give additional invitation - invitation under s.359A of the Migration Act to comment on information - alleged failure to give information or comments within periods specified invitations - whether invitations valid, whether periods within which to give information or comments validly extended by Tribunal - whether period by which the Tribunal may extend period for giving information or comments can be extended for a greater or lesser period than 28 days - whether applicant was entitled to appear before the Tribunal - refusal of Tribunal to allow applicant to appear before it - effect of request for extension of time to provide additional information or comments - meaning and effect of s.360(2)(c) of the Migration Act - jurisdictional error for denial of procedural fairness.

NAHX v Minister for Immigration [2002] FMCA 250 (25 October 2002)

MIGRATION - Cancellation of visa under s.501(2) of Migration Act 1958 (Cth) - whether relevant consideration taken into account - not possible to demonstrate failure where material in issue before the Minister and in absence of Reasons of Minister.

VBAU v Minister for Immigration [2002] FMCA 166 (9 August 2002)

MIGRATION - Appeal from a decision of the Refugee Review Tribunal - applicant claiming fear of persecution based on political activity - jurisdictional error - whether Tribunal made jurisdictional error in not accepting the applicant's explanations - privative clause - decision of Refugee Review Tribunal confirmed.

SZCQR v Minister for Immigration [2004] FMCA 685 (15 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZASW v Minister for Immigration [2004] FMCA 780 (12 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether lack of natural justice - whether failure to consider relevant material or failure to apply the right test.

NASS v Minister for Immigration [2002] FMCA 350 (9 January 2003)

MIGRATION - Review of RRT decision - errors found in Tribunal's recollection of evidence - whether errors affected Tribunal's decision - whether Tribunal acted with reckless indifference - whether its actions constituted a failure to enter upon its task in a bona fide manner.

Sharma v Minister for Immigration [2004] FMCA 887 (6 December 2004)

MIGRATION - Review of Migration Review Tribunal decision - refusal of a partner (Provisional) (Class UF) visa - no jurisdictional error - application dismissed.

NADN v Minister for Immigration [2003] FMCA 112 (15 April 2003)

MIGRATION -- Application for review of Refugee Review Tribunal's decision -- no jurisdictional error -- application dismissed.

WAFK v Minister for Immigration [2002] FMCA 236 (23 January 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - citizen of Iran claiming political persecution - issue regarding credibility and identity of Applicant - decision of Refugee Review Tribunal affirmed.

WAHW v Minister for Immigration [2003] FMCA 197 (6 August 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - applicant Sri Lanka and of Tamil ethnicity - whether decision of Tribunal properly considered whether the charged political climate alleged a well founded fear of persecution on the applicant - decision of Tribunal affirmed.

Prahalapan v Minister for Immigration & Ors [2004] FMCA 731 (3 November 200

MIGRATION - Review of Migration Review Tribunal decision affirming a delegate's refusal of a Partner (Migrant) visa - disputed findings of fact - no reviewable error found.

MBE v Minister for Immigration [2004] FMCA 704 (6 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa.

VGAU v Minister for Immigration [2003] FMCA 119 (4 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa - whether jurisdictional errors occurred - whether Wednesbury unreasonableness is a ground for administrative review in Australia - no reviewable error disclosed.

Foolchand v Minister for Immigration [2004] FMCA 563 (15 September 2004)

MIGRATION - Review of Migration Review Tribunal's decision affirming a delegate's refusal of a visa on the ground that the applicant was a "special need relative" - no reviewable error found.

SZEVO v Minister for Immigration [2004] FMCA 659 (1 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZECW v Minister for Immigration [2004] FMCA 786 (22 November 2004)

MIGRATION - Application by respondent Minister for summary dismissal of substantive application seeking review of RRT decision - where no judicial review of the Tribunal decision had ever occurred - where application filed in the Federal Court/Federal Magistrates Court was dismissed by consent - where further application was made to High Court which was then remitted to the Federal Court - where said application was then dismissed by the Federal Court for failure to comply with directions of the Court - where applicant then filed an application for review in the Federal Magistrates Court - whether these current proceedings are an abuse of process - whether the doctrines of res judicata, issue estoppel or Anshun estoppel apply - whether Notice of Objection to Competency should be upheld.

SZBME v Minister for Immigration [2004] FMCA 589 (18 October 2004)

MIGRATION: Application to review decision of Refugee Review Tribunal - whether Tribunal disclosure of personal details of applicant to another applicant with similar claims constituted jurisdictional error - whether Tribunal misrepresented applicant's case or failed to take into account relevant considerations - whether failure to comply with s.424A - whether applicant denied procedural fairness by alleged failure of Tribunal to put to him for comment independent country information referred to in decision - no factual basis for claim established - limited relevance of independent information - no jurisdictional error.

SZADS v Minister for Immigration [2003] FMCA 231 (3 July 2003)

MIGRATION - Review of decision of the RRT - application for a protection visa - whether the applicant has a well-founded fear of persecution for reasons of political opinion - where the applicant claimed that his wife and children had been murdered - where the applicant had returned to his country on a number of occasions - where there was delay in lodging his application for a protection visa - where the Tribunal made factual errors in findings - where these errors led the Tribunal to make adverse findings about the applicant's credibility - whether the claim about his wife and children was a recent invention - where the Tribunal considered country information that had not been shown to the applicant - whether there is reviewable error in the decision.

Shen v Minister for Immigration [2004] FMCA 693 (29 October 2004)

MIGRATION - Cancellation of visa - review by MRT - allegation of bogus marriage - MRT failed to make inquiries promised - no procedural unfairness established - no misconception about onus of proof - no jurisdictional error in failure to consider evidence.

NAAK v Minister for Immigration [2003] FMCA 183 (29 May 2003)

MIGRATION - Application for review of decision of Refugee Review Tribunal - no jurisdictional error - no denial of procedural fairness in failure of Tribunal to advise applicant of concerns regarding documents submitted by applicant.

VGAK v Minister for Immigration [2003] FMCA 116 (17 October 2003)

MIGRATION - Application for review of decision of Refugee Review Tribunal - Whether Tribunal asked the wrong question - Whether "effective protection" was basis for decision - Whether concept misapplied - No jurisdictional error.

VFAP v Minister for Immigration [2003] FMCA 222 (6 June 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

Kodama v Minister for Immigration [2002] FMCA 262 (29 November 2002)

MIGRATION - Review of Migration Review Tribunal decision affirming a delegate's refusal to grant a spouse visa - whether the MRT decision shows a lack of good faith - whether an inviolable pre-condition on the exercise of power by the MRT was breached - whether the applicant was misled by the MRT in the provision of information - whether the MRT applied the wrong definition of "spouse" - declaration of invalidity granted.

SZATS v Minister for Immigration [2004] FMCA 660 (11 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class AZ) visa - no reviewable error found - application dismissed.

Piyathilake v Minister for Immigration [2004] FMCA 575 (17 September 2004)

MIGRATION - Review of Migration Review Tribunal decision - application for student visa - where the applicant had not complied with conditions of a previous student visa - application dismissed.

VCAK v Minister for Immigration [2003] FMCA 157 (20 June 2003)

MIGRATION - Application for review of decision of Refugee Review Tribunal decision - no breach of Migration Act 1958 - no jurisdictional error.

VJAF v Minister for Immigration [2004] FMCA 794 (12 November 2004)

MIGRATION - Protection visa application - whether not hearing oral evidence of witness breach of natural justice - whether Tribunal required to give applicant notice of country information.

SZDXB v Minister for Immigration [2004] FMCA 770 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - notice of motion - notice of motion dismissed.

SZDXB v Minister for Immigration [2004] FMCA 770 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - notice of motion - notice of motion dismissed.

SZAPF v Minister for Immigration [2004] FMCA 684 (8 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming political persecution in Bangladesh - claims rejected as not credible - whether RRT proceedings were fair - no reviewable error found - application dismissed.

WADK v Minister for Immigration [2002] FMCA 175 (5 September 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate not to grant a protection visa - whether RRT gave proper or adequate attention to fresh evidence submitted by the applicant - operation of the privative clause - whether any breach of an inviolable limitation on the decision making power apparent - whether s.420(2)(b) of the Migration Act is such an inviolable limitation.

NAEL v Minister for Immigration [2002] FMCA 144 (18 July 2002)

MIGRATION - Credibility - whether need to invite comment.

MZNAS v Minister for Immigration [2004] FMCA 720 (5 November 2004)

MIGRATION - Application for Review of Refugee Review Tribunal decision - protection visa.

Ali v Minister for Immigration [2004] FMCA 674 (10 October 2004)

MIGRATION - IRT decision made in 1997 - Class 816 visa - judicial review first sought in 2003 - jurisdictional error conceded - whether relief should be refused for unwarranted delay - applicant joined class actions challenging other visa decisions.

SZBZJ v Minister for Immigration [2004] FMCA 728 (11 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - claim of fear of persecution on account of belief of the applicant's exposure to criminal activities - whether this fear capable of being regarded as referable to "political opinion" - refusal of a protection (Class XA) visa - no reviewable error - application dismissed.

Samuel v Minister for Immigration [2004] FMCA 708 (19 October 2004)

MIGRATION - Migration Review Tribunal - family visa - no jurisdictional error - application dismissed.

NAAY v Minister for Immigration [2003] FMCA 46 (6 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution - whether the Tribunal failed to accord the applicant procedural fairness - whether applicant was misled by the letters sent by the Tribunal - whether there had been any error like the one described in Muin v Refugee Review Tribunal.

WADJ v Minister for Immigration [2002] FMCA 118 (20 June 2002)

MIGRATION - Appeal from a decision of the Refugee Review Tribunal - whether any reviewable error disclosed by the decision of the RRT - whether interpreter adequate.

WAFU v Minister for Immigration [2002] FMCA 325 (18 February 2003)

MIGRATION - Protection visa - application of s.474 of Migration Act - no basis for judicial review - application dismissed.

COSTS - No order - change in circumstances of country of origin of applicant arrival in Australia - whether costs punishment or economic barrier to future claim.

Tham v Minister for Immigration [2004] FMCA 626 (23 September 2004)

MIGRATION - Review of Migration Review Tribunal's decision affirming a delegate's refusal to grant an Employer Nomination (Residence) (Class BW) visa - whether applicant "a highly skilled person" - whether Tribunal's preference for one expert report over another amounted to jurisdictional error - weight to be given to evidence (including expert reports) matter for Tribunal - no reviewable error found.

SZDQR v Minister for Immigration [2004] FMCA 599 (21 September 2004)

MIGRATION - Protection visa - RRT found the claims totally fabricated - whether failure to warn - requirements of procedural fairness - erroneous finding that contradictory evidence given - whether jurisdictional error.

SZDKS v Minister for Immigration [2004] FMCA 705 (29 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

WAAK v Minister for Immigration [2002] FMCA 86 (26 June 2002)

MIGRATION - Review of a decision of the Refugee Review Tribunal affirming a decision of a ministerial delegate not to grant a protection visa - operation of the privative clause in the Migration Act - whether any reviewable error disclosed - whether the RRT decision shows pre-judgement - whether the decision was made bona fide - whether an essential requirement of the Migration Act was breached.

SZAVL v Minister for Immigration [2004] FMCA 866 (24 November 2004)

MIGRATION - Refugee - errors of law - exceeded jurisdiction.

Wang v Minister for Immigration [2003] FMCA 135 (10 April 2003)

MIGRATION - Review of decision of the Migration Review Tribunal affirming a decision of a delegate of the Minister finding the applicant was not entitled to the grant of a spouse (Migrant) (Class BC) visa subclass 100 domestic violence alleged - no reviewable error disclosed - application dismissed.

SZASL v Minister for Immigration [2004] FMCA 656 (1 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - no jurisdictional error - application dismissed.

SZASL v Minister for Immigration [2004] FMCA 656 (1 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - no jurisdictional error - application dismissed.

SFTB v Minister for Immigration [2002] FMCA 222 (11 October 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - Applicant claiming well founded fear of persecution - durability of change in Afghanistan - allegation of jurisdictional error - no error found.

NABT v Minister for Immigration [2003] FMCA 179 (5 June 2003)

MIGRATION - Application to review decision of Refugee Review Tribunal - no denial of procedural fairness - no actual or apprehended bias - no jurisdictional error.

WAFJ v Minister for Immigration [2002] FMCA 249 (8 November 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's decision to refuse to grant a protection visa - alleged procedural unfairness and bias - whether RRT hearing conducted at an unreasonable time - whether presiding member gave applicant a sufficient opportunity to present his claims - whether the applicant was overborne - whether the RRT acted in good faith - whether the RRT breached an inviolable precondition to the exercise of its jurisdiction.

VAAD v Minister for Immigration [2002] FMCA 163 (11 July 2002)

MIGRATION - Appeal from a decision of the Refugee Review Tribunal - applicant claiming fear of persecution based on political activities - jurisdictional error - whether Tribunal made jurisdictional error in not accepting the applicant's explanations - privative clause - decision of Refugee Review Tribunal confirmed.

Ejueyitsi v Minister for Immigration [2004] FMCA 935 (3 December 2004)

MIGRATION - Migration Review Tribunal - spouse visa - whether genuine and continuing married relationship - whether jurisdictional error - domestic violence provisions.

SZBCG v Minister for Immigration [2004] FMCA 954 (10 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming political persecution in Bangladesh - applicant failed to attend RRT hearing - visa claims found to be mere assertions - numerous jurisdictional errors alleged but none substantiated - judicial review application dismissed.

SZAWT v Minister for Immigration [2004] FMCA 875 (30 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether breach of s.424A or lack of procedural fairness - whether Tribunal erred in failing to consider applicant's complaints to authorities to be an expression of political opinion.

NAOR v Minister for Immigration [2003] FMCA 37 (27 February 2003)

MIGRATION - Application for review of Decision of Refugee Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

MZWAE v Minister for Immigration [2004] FMCA 923 (2 December 2004)

MIGRATION - Protection visa - whether jurisdictional error.

SZEZG v Minister for Immigration [2004] FMCA 812 (25 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZDKW v Minister for Immigration [2004] FMCA 768 (11 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZDKS v Minister for Immigration [2004] FMCA 705 (29 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

Nguyen v Minister for Immigration [2004] FMCA 911 (18 November 2004)

MIGRATION - MRT decision - Remaining Relative visa - exclusion if "contact" between visa applicant and relative in other country "within a reasonable period before making the application" - visa refused on interview report admitting contacts - no jurisdictional error by Tribunal.

VDAN v Minister for Immigration [2003] FMCA 194 (5 August 2003)

MIGRATION - Application for relief of decision of Refugee Review Tribunal - applicant Albanian National - no grounds available for review - application dismissed.

Prasad v Minister for Immigration [2003] FMCA 146 (26 June 2003)

MIGRATION - Review of decision of Migration Review Tribunal - definition of `Special Need Relative' - no jurisdictional error.

Horodynska v Minister for Immigration [2002] FMCA 240 (11 October 2002)

MIGRATION - Review of Migration Review Tribunal decision affirming a delegate's decision refusing to grant a business visa - whether the MRT erred in refusing to grant an adjournment of the hearing before it following the detention of the applicant - whether the applicant was medically fit to attend the hearing - whether the MRT prejudged the issue of an adjournment - whether the refusal of an adjournment was unfair and indicative of a lack of good faith on the part of the MRT.

WAIK v Minister for Immigration [2003] FMCA 33 (20 February 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa for reasons of membership of a particular social group - whether the Tribunal had made a jurisdictional error by failing to make a positive determination as to applicant's age - whether the applicant had sufficient capacity to understand the nature of his application -whether there is any utility in sending the matter back for reconsideration of the issue of age and capacity - whether there was a `real chance' of persecution in the foreseeable future - whether the applicant's fears are Convention related - whether Tribunal made a jurisdictional error by failing to consider whether the applicant belonged to a particular social group.

VFAY v Minister for Immigration [2003] FMCA 35 (27 March 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - applicant a child separated from his parents - whether the RRT erred in finding that the applicant was not a member of a "particular social group" - whether separated children in Afghanistan are a particular social group considered - RRT decision a nullity.

VFAN v Minister for Immigration [2004] FMCA 727 (5 November 2004)

MIGRATION - Review of RRT Decision - protection visa.

SZDKF v Minister for Immigration [2004] FMCA 817 (2 November 2004)

MIGRATION - RRT refused visa to Sikh from Punjab - Tribunal finding that police extortion not based on Convention reason - no jurisdictional error identified.

SZAUB v Minister for Immigration [2004] FMCA 633 (24 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - affirming a delegate's refusal of a protection visa - no reviewable error.

SZASX v Minister for Immigration [2004] FMCA 680 (18 October 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether case names or legal principles are `information' within s.424A of the Migration Act 1958 - whether Tribunal obliged to provide applicant with a copy of independent evidence.

SZARH v Minister for Immigration [2004] FMCA 615 (20 September 2004)

MIGRATION - Review of RRT decision - where applicant had previously lodged an application for review with the Federal Court but later withdrew - where applicant then joined Muin and Lie class action - where applicant subsequently lodged an application for review with Federal Magistrates Court - whether the principle of Anshun estoppel should apply to these proceedings - where there had been no determination of the merits in the proceedings before the Federal Court - where applicant claimed to have a well-founded fear of persecution for reasons of his homosexuality and political opinion - whether Tribunal breached s.424A(1) Migration Act - where applicant did not present any evidence as to future persecution due to his homosexuality - where applicant claimed to have made a documentary exposing local government corruption which resulted in him being physically assaulted and threatened - whether Tribunal failed to consider whether the conduct could amount to persecution by reason of actual or imputed political opinion - whether delay in bringing proceedings should act as a bar to relief.

Qi v Minister for Immigration [2004] FMCA 719 (5 November 2004)

MIGRATION - Review of decision by Migration Review Tribunal - student visa - condition 8202 - non-compliance notice - section 20 Education Services for Overseas Students Act 2000 - automatic cancellation of visa.

VAAW v Minister for Immigration [2002] FMCA 200 (17 January 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - citizen of Sri Lanka claiming political persecution - issue regarding credibility of applicant - decision of Refugee Review Tribunal affirmed.

SZCYW v Minister for Immigration [2004] FMCA 878 (25 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming persecution in Sri Lanka - claims rejected by RRT as a fabrication - applicant participating in class action in the High Court to set aside an earlier RRT decision that had already been set aside - applicant initially attempting to review the same RRT decision in the present proceedings - application amended to seek review of the operative RRT decision -that decision previously upheld by the Federal Court - application in its original form incompetent - application in its amended form an abuse of process.

NAOS v Minister for Immigration [2002] FMCA 265 (8 November 2002)

MIGRATION - Review of decision of RRT - applicant masseur-coach of Ukrainian gymnastic team - required to inform on colleagues - failed to inform - threatened by security chief - room searched - applicant defected - findings by Tribunal of threat made to applicant and later to wife and mother - Tribunal's finding of no well founded fear of persecution inconsistent with evidence - findings of Tribunal indicate decision made lacking in bona fides - decision held invalid.

NAHL v Minister for Immigration [2002] FMCA 230 (10 October 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - interpreter not inadequate - no jurisdictional error - privative clause decision - application dismissed.

MZQAP v Minister for Immigration [2004] FMCA 595 (13 September 2004)

MIGRATION - Refugee Review Tribunal - protection visa - no jurisdictional error - application dismissed.

Gopal v Minister for Immigration [2002] FMCA 273 (14 November 2002)

MIGRATION - Application for review of decision of Migration Review Tribunal - special need relative - no jurisdictional error - privative clause decision - application dismissed.

WAIO v Minister for Immigration [2003] FMCA 114 (9 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - where Tribunal relied on linguistic report to determine applicant's country of origin - whether this evidence should be preferred over evidence of migration agent - whether the linguistic report was wrong - where applicant asked for copy of report and particulars of qualifications of the analyst - whether Tribunal is under a duty to make further enquiries about the reliability of the report - whether the applicant was denied procedural fairness by not being provided with a copy of the tape used by the analyst - whether applicant was denied procedural fairness by not being provided with a copy of the analyst's report or details of analyst's qualifications - whether the Tribunal fell into jurisdictional error and failed to accord the applicant natural justice - whether non-observance of the requirement could not possibly have produced a different result.

WAFF v Minister for Immigration [2003] FMCA 145 (17 April 2003)

MIGRATION - Review of RRT decision - protection visa - whether actual bias or apparent bias - whether Tribunal made a jurisdictional error or failed to accord procedural fairness - no reviewable error disclosed - credibility of evidence - application dismissed.

SGLB v Minister for Immigration [2002] FMCA 309 (20 December 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the RRT erred in the assessment of the applicant's refugee claims -whether the RRT proceedings were unfair - no reviewable error found.

NAXG v Minister for Immigration [2004] FMCA 912 (8 December 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether Tribunal under obligation to accept documentation produced by applicant - whether applicant precluded from making further application - no jurisdictional error.

WAIJ v Minister for Immigration [2002] FMCA 335 (23 December 2002)

MIGRATION - Review of RRT decision - protection visa - well-founded fear of persecution - whether the Tribunal acted in good faith - whether a later Tribunal was influenced by the decision of an earlier Tribunal - whether the cumulative effect of any errors leads to a finding of actual bias - whether the Tribunal acted with a closed mind and prejudice - no reviewable error found.

SZDKD v Minister for Immigration [2004] FMCA 737 (11 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

Guan v Minister for Immigration [2004] FMCA 827 (18 November 2004)

MIGRATION - Review of decision of Migration Review Tribunal affirming delegate's refusal of an Other Family (Residence) visa - no reviewable error found.

SZAYS v Minister for Immigration [2004] FMCA 797 (11 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming ethnic persecution in Kazakhstan - whether the RRT failed to deal with part of the applicant's claim - observations on the question of whether the conclusion reached by the RRT was reasonably open on the material before it.

SZCYH v Minister for Immigration [2004] FMCA 816 (8 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - review of Refugee Review Tribunal decision - application for a protection visa - applicant from Bangladesh

Singh v Minister for Immigration [2003] FMCA 186 (21 May 2003)

MIGRATION - Review of decision of Migration Review Tribunal affirming a decision not to grant a spouse visa - domestic violence by nominator relied on - whether the MRT is entitled to reject evidence of the applicant as lacking credibility - requirement for statutory declaration to state that domestic violence within the meaning of the regulations has been committed - grounds for review - matter remitted to Migration Review Tribunal.

WAJG v Minister for Immigration [2003] FMCA 232 (13 June 2003)

MIGRATION - Review of Refugee Review Tribunal's decision affirming a delegate's refusal of a protection visa - disputed findings of fact - no reviewable error found.

WAFP v Minister for Immigration [2003] FMCA 215 (10 June 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - whether the applicant has a well-founded fear of persecution for political reasons - where the matter had already been remitted to the Tribunal for reconsideration previously - whether the second Tribunal made a jurisdictional error - whether the applicant was denied procedural fairness - whether there is a duty to make further enquiries - whether there is an obligation for the Tribunal to put to applicant his own previous inconsistent statements - whether the Tribunal has an obligation to put all adverse country material to the applicant - whether the Tribunal was guilty of apprehended bias or actual bias.

WADU v Minister for Immigration [2002] FMCA 295 (28 November 2002)

MIGRATION - Application for Review of Decision of Refugee Review Tribunal - no reviewable error - privative clause decision - application dismissed

SZAYH v Minister for Immigration [2004] FMCA 771 (5 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming religious and political persecution in India - RRT accepting some factual claims but finding no persecution - other claims rejected on credibility grounds - formulaic attack upon the RRT decision - asserted procedural unfairness pressed at hearing - no reviewable error found - application dismissed.

NAJP v Minister for Immigration [2002] FMCA 216 (19 September 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's decision to refuse to grant a protection visa - alleged tampering with RRT sound recording - allegation rejected - application dismissed.

MZTAM v Minister for Immigration [2004] FMCA 588 (17 September 2004)

MIGRATION - Appeal from Refugee Review Tribunal decision - applicant feared forced recruitment from pro-Kashmir independence group - no jurisdictional error - application dismissed.

Morgan v Minister for Immigration [2002] FMCA 155 (25 July 2002)

MIGRATION - Review of MRT decision affirming a delegate's decision to refuse to grant a skilled migrant visa - English language skills - whether MRT should have accepted certificate from the applicant's university in the Philippines - whether the MRT should have made inquiries - whether MRT proceeded on incorrect legal basis - whether errors of law immunised by the privative clause in the Migration Act.

SZDPE v Minister for Immigration [2004] FMCA 869 (16 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision affirming a decision of the delegate of the Minister not to grant a protection visa to the applicant - applicant a citizen of India - applicant claimed that the Refugee Review Tribunal fell into jurisdictional error by failing to have regard to the evidence about the possibility of relocation within India - applicant's wife unable to speak English or Hindi - held irrelevant to the issue of relocation within India - official language of Australia is English - no reviewable error.

SZASH v Minister for Immigration [2004] FMCA 587 (17 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal for a protection visa - no reviewable error found.

VCAM v Minister for Immigration [2003] FMCA 6 (24 January 2003)

MIGRATION - Review of decision of Refugee Review Tribunal affirming not to grant a protection visa - Bulgarian applicant claiming persecution because her parents were former members of the Communist Party - decision of Refugee Review Tribunal affirmed.

MZKAM v Minister for Immigration [2004] FMCA 785 (12 November 2004)

MIGRATION - Refugee Review Tribunal - whether Tribunal failed to consider relevant issues - whether claimed that ground for refugee visa made before Tribunal.

WAIH v Minister for Immigration [2003] FMCA 40 (4 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - well-founded fear of persecution for reasons of membership of particular social group - whether there was a real chance of persecution in the future - whether the applicant was a person to whom Australia owed protection obligations - whether the Tribunal failed to afford procedural fairness - whether the Tribunal was obliged to warn the applicant that it was relying on material adverse to the applicant - credibility of applicant's evidence - whether certain documents relied on were material to the Tribunal's decision - whether the Tribunal was bound to comply with a stated intention to follow a particular procedure - whether the Tribunal based its decision on logically probative evidence - whether the applicant's complaints constitute Wednesbury unreasonableness - whether the Tribunal approached its task with a closed mind - whether the Tribunal made a jurisdictional error.

WACQ v Minister for Immigration & Multicultural & Indigenous Affairs [2002]

MIGRATION - appeal from a decision of the Refugee Review Tribunal - applicant claiming fear of persecution based on political activities - whether the Tribunal erred in finding that the applicant's fear of persecution was ot well founded - multiple parties in migration litigation - who may commence proceedings - definition of "family"

WAAM v Minister for Immigration [2002] FMCA 151 (24 July 2002)

MIGRATION - Appeal from a decision of the Refugee Review Tribunal - applicant claiming fear of persecution based on political activities - jurisdictional error - whether Tribunal made jurisdictional error in not accepting the applicant's explanations - privative clause - decision of Refugee Review Tribunal confirmed.

SZDMC v Minister for Immigration [2004] FMCA 886 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

WAAG v Minister for Immigration [2002] FMCA 191 (30 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - homosexuality grounding well-founded fear of persecution for Convention reasons - conduct of the Tribunal - lack of bona fides - Tribunal reasons evidenced closed mind based on its interpretation of homosexual identifiers - bias found - declaration of invalidity.

WAAF v Minister for Immigration [2003] FMCA 36 (16 April 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - nationality of the applicant - procedural fairness - whether the applicant given sufficient time to produce documents - whether the RRT breached legal professional privilege - whether the RRT took irrelevant material and failed to consider relevant material - no reviewable error found.

SZBCA v Minister for Immigration [2004] FMCA 998 (9 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming persecution as a homosexual in Bangladesh - claims rejected on credibility grounds - whether the decision unreasonable considered - whether the RRT should have considered the applicant's claims as if they were true, considered - no reviewable error found - application dismissed.

PRACTICE AND PROCEDURE - Notice to admit facts - inappropriate procedure for verification of a purported transcript of a tribunal hearing.

SZAUA v Minister for Immigration [2004] FMCA 597 (17 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - affirming a delegate's refusal of a protection visa - no reviewable error found.

Ramnares v Minister for Immigration [2004] FMCA 683 (29 September 2004)

MIGRATION - MRT decision - refusal of Special Eligibility (Residence) (Class AO) subclass 832 (Close Ties) visa - procedure of Tribunal - decision without inviting applicants to hearing - whether failure to consider and exercise discretion - remitter for re-hearing would be futile.

NAMD v Minister for Immigration [2002] FMCA 333 (23 December 2002)

MIGRATION - Application for review of decision of Refugee Review Tribunal - privative clause decision - application dismissed.

SZDLI v Minister for Immigration [2004] FMCA 858 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZDLI v Minister for Immigration [2004] FMCA 858 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZAZP v Minister for Immigration [2004] FMCA 733 (29 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - no reviewable error - application dismissed.

SFXB v Minister for Immigration [2002] FMCA 296 (28 November 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - changed circumstances - no well-founded fear - no jurisdictional error - privative clause decision - application dismissed.

NALT v Minister for Immigration [2002] FMCA 267 (20 November 2002)

MIGRATION: Application for review of decision of Refugee Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

WAJP v Minister for Immigration [2003] FMCA 229 (12 June 2003)

MIGRATION - Review of Refugee Review Tribunal's decision affirming a delegate's refusal of a protection visa - disputed findings of fact - no reviewable error found.

VNAY v Minister for Immigration [2004] FMCA 596 (13 September 2004)

MIGRATION - Refugee Review Tribunal - protection visa - no jurisdictional error - whether issue correctly identified - application dismissed.

NARD v Minister for Immigration [2003] FMCA 60 (6 March 2003)

MIGRATION - Application for review of decision of Refugee Review Tribunal - no reviewable error - no actual bias - no lack of procedural fairness- privative clause decision - application dismissed.

NABW v Minister for Immigration [2003] FMCA 68 (26 February 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the RRT erred in considering whether the applicant had a Convention reason for his fear of persecution - applicant's case ineffectively presented to the RRT - whether the RRT had a duty to go beyond the applicant's presentation of his case - whether the RRT decision unsafe - recommendation to the Minister that he consider substituting a more favourable decision.

VHAS v Minister for Immigration [2004] FMCA 806 (24 November 2004)

MIGRATION - Protection visa - whether Tribunal failed to consider essential matter - whether Tribunal should have informed applicant of country information.

SZDPW v Minister for Immigration [2004] FMCA 610 (7 September 2004)

MIGRATION - Refugee Review Tribunal - protection visa - no error - application dismissed - delay in making the application.

WAEM v Minister for Immigration [2002] FMCA 259 (8 November 2002)

MIGRATION - Refugees - Iraqi Kurd claiming protection against refoulment to independent Northern Iraq and Central Iraq - Tribunal decision based on finding of lack of "well founded fear" in Northern Iraq - no consideration of applicant's problems in Central Iraq - "Htun" type error found - error not reviewable - error did not establish lack of bona fides - claim that Tribunal made "Muin" errors not accepted on the evidence - application dismissed.

WACF v Minister for Immigration [2002] FMCA 108 (29 May 2002)

MIGRATION - Appeal from decision of Refugee Review Tribunal - refusal to grant protection visa - no basis for judicial review regardless of whether appropriate to consider other issues prior to examining effect of s 474 of the Migration Act 1958 (Cth).

Zhen v Minister for Immigration [2004] FMCA 874 (26 November 2004)

MIGRATION - Refugee Review Tribunal - protection visa - no error - application dismissed - delay in making the application.

WAEM v Minister for Immigration [2002] FMCA 259 (8 November 2002)

MIGRATION - Refugees - Iraqi Kurd claiming protection against refoulment to independent Northern Iraq and Central Iraq - Tribunal decision based on finding of lack of "well founded fear" in Northern Iraq - no consideration of applicant's problems in Central Iraq - "Htun" type error found - error not reviewable - error did not establish lack of bona fides - claim that Tribunal made "Muin" errors not accepted on the evidence - application dismissed.

WACF v Minister for Immigration [2002] FMCA 108 (29 May 2002)

MIGRATION - Appeal from decision of Refugee Review Tribunal - refusal to grant protection visa - no basis for judicial review regardless of whether appropriate to consider other issues prior to examining effect of s 474 of the Migration Act 1958 (Cth).

SZDLR v Minister for Immigration [2004] FMCA 831 (3 November 2004)

MIGRATION - Refugee Review Tribunal - application for review of decision affirming the decision of a delegate of the Minister not to grant a protection visa to the applicant - factual error in judgment not sufficient to taint the Tribunal's perception of the applicant's credibility sufficient to render decision unsafe - applicant who wishes to prove procedural unfairness must provide evidence by way of affidavit or transcript of proceedings.

SZDKV v Minister for Immigration [2004] FMCA 849 (22 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming political persecution in Bangladesh - claims rejected as implausible and as having no Convention nexus - RRT decision previously reviewed by the Federal Court which found no legal error - RRT decision a privative clause decision - judicial review application dismissed as incompetent.

SGDB v Minister for Immigration (No.2) [2003] FMCA 127 (28 May 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - procedural fairness - whether applicant had an adequate opportunity to address the question of changed circumstances in Afghanistan - whether the RRT failed to take into account relevant considerations concerning the risk to Hazaras in the applicant's home district - whether the RRT unfairly took into account country information that was not disclosed to the applicant.

SZCXD v Minister for Immigration [2004] FMCA 747 (1 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - earlier proceedings in the Federal Court - applicant expressing a desire to seek to appeal against that decision - present proceedings instituted in the wrong court - transfer of the proceeding to the Federal Court.

VBB v Minister for Immigration [2003] FMCA 117 (5 June 2003)

MIGRATION - Application for review of Refugee Review Tribunal decision - no breach of s.424 or s.425 - no jurisdictional error.

SZEBX v Minister for Immigration [2004] FMCA 920 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZEBD v Minister for Immigration [2004] FMCA 902 (18 November 2004)

MIGRATION - RRT decision - Ghanaian fearing harm from members of clan - past incident showing refusal of police protection - whether Tribunal considered whether State authorities were both able and willing to give effective protection - no error found.

NALS v Minister for Immigration [2002] FMCA 220 (10 October 2002)

MIGRATION: Application for review of decision of the Refugee Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

Li v Minister for Immigration [2002] FMCA 252 (24 October 2002)

MIGRATION - Review of Migration Review Tribunal decision affirming a delegate's decision to refuse to grant a student visa - whether applicant substantially complied with attendance requirement attached to previous visa - whether applicant unable to attend classes due to illness - credibility of documentary evidence of the applicant's state of health.

LAW REFORM - observations on the problem of delay in migration proceedings and asserted abuses of the appeal process.

Dirckze v Minister for Immigration & Ors [2004] FMCA 614 (16 September 2004

MIGRATION - Review of decision of Migration Review Tribunal - whether applicant a `special need relative' - emotional needs of the nominators - `other serious circumstances' to be construed in light of `death, disability and prolonged illness' - future need not a need of the defined type - necessary for need to be an existing one - application dismissed.

VTAH v Minister for Immigration [2004] FMCA 593 (23 August 2004)

MIGRATION - Refugee Review Tribunal - protection visa - court role - not appropriate to make a decision on merit or finding as to character of applicant.

VRAB v Minister for Immigration [2004] FMCA 622 (9 September 2004)

MIGRATION - Protection visa - no jurisdictional error - application dismissed.

VABQ v Minister for Immigration [2002] FMCA 209 (5 September 2002)

MIGRATION - Protection Visa - Privative clause decision - whether error sufficient for judicial review - no failure to refer to specific allegation - decision validated by s.474 of the Migration Act 1958 (Cth) - application dismissed.

SZCII v Minister for Immigration [2004] FMCA 793 (3 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether Tribunal made a jurisdictional error in finding inconsistency in applicant's evidence - whether denial of procedural fairness.

SZBZF v Minister for Immigration [2004] FMCA 697 (29 September 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether bias - whether denial of natural justice.

SZBEO v Minister for Immigration [2004] FMCA 885 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZATD v Minister for Immigration [2004] FMCA 586 (17 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - affirming a delegate's refusal for a protection visa - no reviewable error found.

NBHQ v Minister for Immigration [2004] FMCA 767 (14 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - remitted from Federal Court - whether matter should be adjourned - merits review - no error of law - privative clause - application dismissed.

MZWCI v Minister for Immigration [2004] FMCA 584 (20 September 2004)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - application summarily dismissed by reason of non-compliance with procedural orders - appealing dismissal of proceedings - real chance of persecution.

VHAI v Minister for Immigration [2004] FMCA 792 (12 November 2004)

MIGRATION - Protection visa application - finding of no serious threat of harm - matters raised questions of fact and degree for the Tribunal to decide - no jurisdictional error.

SZDNO v Minister for Immigration [2004] FMCA 815 (25 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZASO v Minister for Immigration [2004] FMCA 608 (24 September 2004)

MIGRATION - Review of the Refugee Review Tribunal decision - affirming a delegate's refusal of protection visa - disputed findings of fact - no reviewable errors found.

SCAK v Minister for Immigration [2002] FMCA 327 (13 December 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - Iranian citizen claiming religious persecution - issues regarding credibility of applicant and reasonableness of claimed fear - decision of Refugee Review Tribunal affirmed.

WAIT v Minister for Immigration [2003] FMCA 200 (23 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of the delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WACV v Minister for Immigration & Multicultural & Indigenous Affairs [2002]

MIGRATION - appeal from a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding applicant's fear of persecution was not well founded

WAAH v Minister for Immigration [2002] FMCA 131 (5 July 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming decision of a delegate not to grant a protection visa - disputed Tribunal findings - credibility of the applicant.

SZDLE v Minister for Immigration [2004] FMCA 761 (25 October 2004)

MIGRATION - RRT refused protection visa in 1998 - whether Tribunal failed to deal with a significant sur place claim - unexplained six year delay in seeking judicial review - relief refused.

SHBB v Minister for Immigration [2003] FMCA 82 (11 April 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - jurisdictional error - failure to take account of relevant considerations - whether the applicant is a separated child at risk of persecution in Afghanistan - decision a nullity.

NANL v Minister for Immigration [2002] FMCA 314 (1 November 2002)

MIGRATION - Application for review of decision of Refugee Review Tribunal - privative clause decision - application dismissed.

NAKY v Minister for Immigration [2002] FMCA 346 (29 November 2002)

MIGRATION: Review of Decision of Refugee Review Tribunal - s.39B of Judiciary Act - No Jurisdictional Error - Application Dismissed.

NAJZ v Minister for Immigration [2003] FMCA 76 (7 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

NACN v Minister for Immigration [2002] FMCA 231 (10 October 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - no lack of procedural fairness or bad faith - privative clause decision - application dismissed.

Monsur v Minister for Immigration [2004] FMCA 678 (27 September 2004)

MIGRATION - Application to review decision of Migration Review Tribunal - bridging visa - whether applicant would abide by conditions - whether jurisdictional error.

Fedotov v Minister for Immigration [2003] FMCA 57 (21 March 2003)

MIGRATION - FAMILY VISA - special need relative - visa refused tribunal affirmed decision - no jurisdictional error.

WAAW v MINISTER FOR IMMIGRATION

MIGRATION - Appeal from a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa - operation of privative clause in the Migration Act 1958 (Cth) - whether any reviewable error disclosed by the decision of the RRT - whether Mandians/Sabians in Iran subject to persecution - Ministerial discretion to substitute a more favourable decision.

COSTS - No costs where case contains a significant public interest element.

VCAH v Minister for Immigration [2003] FMCA 106 (31 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

SZDHD v Minister for Immigration [2004] FMCA 749 (1 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - objection to competency - applicant repeatedly challenging the same RRT decision - none of the proceedings clearly pointing to any jurisdictional error - objection to competency upheld.

SZCVO v Minister for Immigration [2004] FMCA 603 (13 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - RRT decision the subject of two previous applications in the Federal Court which were dismissed at the interlocutory stage - application dismissed as an abuse of process.

SZBBE v Minister for Immigration [2004] FMCA 753 (8 November 2004)

MIGRATION - Review of decision of RRT - whether Tribunal erred in failing to consider if applicant's actions in pursuing justice on behalf of a client constituted imputed political opinion - whether Tribunal erred in its definition of `adequate state protection' whether Tribunal considered all required aspects of the current definition.

SZAAT v Minister for Immigration [2003] FMCA 71 (10 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant had been denied procedural fairness by not being given warning that other country information was being considered - whether the Tribunal disregarded the requirements of s.424A of the Migration Act - credibility of applicant's evidence - whether review should be declined in circumstances where a breach is found not to be material.

Sharma v Minister for Immigration [2004] FMCA 784 (3 November 2004)

MIGRATION - Review of decision of MRT - where applicant claims the delegate's decision contained jurisdictional error - whether Tribunal is empowered to consider invalid decision of delegate.

VISAS - Where applicant applied for Class TU visa under two sub classes - where visa was granted without reference to sub classes - whether cancellation of visa under one sub class left application for visa under other sub class still extant - whether visa was intended to cover principal course and any other course being undertaken.

SZDGN v Minister for Immigration [2004] FMCA 716 (23 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming political and religious persecution in India - objection to competency - application for judicial review filed outside prescribed time limit - whether the RRT decision is a privative clause decision considered - RRT decision previously found by the Federal Court to be free from jurisdictional error - fresh application probably doomed to fail - summary dismissal of application as incompetent.

SFWB v Minister for Immigration [2002] FMCA 255 (1 November 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

Nawajh v Minister for Immigration [2002] FMCA 374 (14 November 2002)

MIGRATION - Review of Migration Review Tribunal decision - refusal of a business visa - applicant found to be ineligible by reference to prescribed criteria - no reviewable error found - application dismissed.

NATI v Minister for Immigration [2003] FMCA 143 (20 March 2003)

MIGRATION - Application for review of Refugee Review Tribunal decision - no lack of procedural fairness - no jurisdictional error.

Dronov v Minister for Immigration [2004] FMCA 627 (15 September 2004)

MIGRATION - Inadmissible entry permit application - second on-shore application by illegal entrant - whether applicant for class 816 permit had "a prescribed change in circumstances" - Russian seaman deserted ship - whether illegal entrant - whether Minister had duty to consider application.

Wong v Minister for Immigration [2002] FMCA 127 (26 June 2002)

MIGRATION - Review of decision of the Migration Review Tribunal affirming a delegate's decision to cancel student visa - whether the applicant breached a condition of the visa - whether the MRT had a discretion not to cancel the visa if the condition was breached.

SZDNP v Minister for Immigration [2004] FMCA 842 (25 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no jurisdictional error - application dismissed.

SZDKR v Minister for Immigration [2004] FMCA 738 (29 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection (Class XA) visa - no reviewable error - application dismissed.

SZAXP v Minister for Immigration [2004] FMCA 736 (27 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - applicant claiming persecution in Bangladesh - no reviewable error in RRT decision - application dismissed.

SAAA v Minister for Immigration [2001] FMCA 116 (30 November 2001)

MIGRATION - Application for review of decision of MRT to refuse Bridging E Visa - based on previous history of adopting a false identity and declining to complete papers for travel document MRT not satisfied that applicant was making acceptable arrangements to depart Australia - open to MRT to decide on that basis - no jurisdictional error found - procedural error of failure to provide applicant with written version of file note concerning his refusal to complete the form for a new passport - applicant's refusal was put to him and applicant was offered opportunity to explain it - decision not beyond power - application dismissed.

M17 v Minister for Immigration [2003] FMCA 196 (22 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of the delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WAEE v Minister for Immigration [2002] FMCA 186 (25 October 2002)

MIGRATION - Application for review of a decision of the Refugee Review Tribunal - applicant an Iranian citizen and member of the Mandean community - Tribunal rejected applicant's claims of persecution - Tribunal failed to address all of the applicant's claims - no pre-judgment of Tribunal member found - jurisdictional error found - jurisdictional error not an available ground for review - application dismissed.

SZAAE v Minister for Immigration [2003] FMCA 176 (16 May 2003)

MIGRATION - Review of decision of Refugee Review Tribunal - application for protection visa - where applicants had gained refugee status in another country and now seek protection from Australia - whether the applicant's were in receipt of effective protection in France - whether the applicants were excluded from Australia's protection in accordance with s.36(3) of the Act - whether the Tribunal considered the substantive merits of the applicant's application for refugee status - whether the Tribunal made a jurisdictional error by coming to the conclusion that the applicants could return to France.

SDAF v Minister for Immigration [2002] FMCA 187 (30 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicant claimed fear of persecution arising out of her betrothal as a Muslim woman to a man of the Sabean Mandean religion - allegation of jurisdictional error - no grounds for review - no lack of bona fides found.

NASE v Minister for Immigration [2002] FMCA 304 (10 December 2002)

MIGRATION - CITIZENSHIP - Review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa - operation of the privative clause in the Migration Act 1958 (Cth) - whether any reviewable error disclosed by the decision of the RRT - Applicant from Vietnam - whether the applicant was denied procedural fairness.

NAGU v Minister for Immigration [2002] FMCA 154 (24 July 2002)

MIGRATION - Review of RRT decision affirming decision of a delegate not to grant a protection visa - alleged political activity in Bangladesh - credibility of the applicant - fabrication of documents.

NACS v Minister for Immigration [2003] FMCA 158 (11 April 2003)

MIGRATION - Review of decision of Refugee Review Tribunal - no jurisdictional error or denial of natural justice.

SDAY v Minister for Immigration [2002] FMCA 326 (13 December 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - Iranian citizen claiming political persecution - issue regarding credibility of applicant - decision of Refugee Review Tribunal affirmed.

NAQQ v Minister for Immigration [2003] FMCA 3 (28 January 2003)

MIGRATION - Review of RRT decision - protection visa - well-founded fear of persecution - whether the Tribunal member placed undue pressure on the applicant - whether unjudicial conduct by the Tribunal member constituted a reviewable error - whether the Tribunal appropriately addressed the credibility of the applicant's evidence.

WAIP v Minister for Immigration [2003] FMCA 201 (23 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of the delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WADD v Minister for Immigration & Multicultural & Indigenous Affairs [2002]

MIGRATION - appeal from a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded

VEAR v Minister for Immigration [2003] FMCA 28 (30 January 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

SZAJX Minister for Immigration [2004] FMCA 175 (22 March 2004)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa -findings of fact - no reviewable error found.

Sheik v Minister for Immigration [2004] FMCA 621 (9 September 2004)

MIGRATION - Migration Review Tribunal decision - partner visa - deficiency in statutory declaration - relevance of compliance with requirements of statutory declaration - whether breach of s.359A of Migration Act - whether contents of statutory declaration supplied by Applicant's `information' for purposes of s.359A.

WAHI v Minister for Immigration [2002] FMCA 359 (10 December 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WABS v Minister for Immigration & Multicultural & Indigenous Affairs [2002]

MIGRATION - appeal from a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded - "What if I am wrong?" test

SZDLZ v Minister for Immigration [2004] FMCA 943 (24 November 2004)

MIGRATION - RRT decision - Chinese Christian feared persecution for evangelising - Tribunal assessment of delay in application and ease of departure from China - no error found.

Sejwal v Minister for Immigration [2003] FMCA 109 (11 March 2003)

MIGRATION - Review of decision of Migration Review Tribunal affirming a decision of a delegate of the Minister to cancel the applicant's student visa - no reviewable error disclosed - application dismissed.

NANX v Minister for Immigration [2002] FMCA 300 (6 December 2002)

MIGRATION - Review of RRT decision - application for protection visa - fear of persecution for reasons of membership of a political organisation - whether Tribunal acted bona fides - credibility of applicant's evidence - whether it was open to the Tribunal to come to the decision it made in light of the facts - improbable corroborative written evidence - whether there was an error in law by not taking this evidence into account - whether there had been a breach of an inviolable precondition of the exercise of jurisdiction.

Kaur v Minister for Immigration [2003] FMCA 165 (13 May 2003)

MIGRATION - Review of decision of the Migration Review Tribunal - application for a family residence visa - whether the applicant was a `special need relative' - where the reasons for decision did not refer to lay evidence - whether it could be inferred that the Tribunal failed to take into account relevant considerations - whether there was a jurisdictional error in the Tribunal's decision.

Youssef v Minister for Immigration [2003] FMCA 221 (4 June 2003)

MIGRATION - Review of decision of the Migration Review Tribunal application for Family Residence Class AO visa subclass 806 - application dismissed.

WAAZ v Minister for Immigration & Multicultural & Indigenous Affairs [2002]

MIGRATION - appeal from a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding applicant's fear of persecution was not well founded

VFAJ v Minister for Immigration [2003] FMCA 161 (8 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - credibility of applicant's evidence - no jurisdictional error - application dismissed.

SZABF v Minister for Immigration (No.2) [2003] FMCA 178 (16 May 2003)

MIGRATION / PRACTICE AND PROCEDURE - Where costs order made against solicitor for failure to attend hearing - where the solicitor was given the opportunity to explain reasons - whether the order should be vacated.

NAKI v Minister for Immigration [2002] FMCA 185 (28 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - internal inconsistencies in findings of the Tribunal - jurisdictional error found - jurisdictional error not an available ground for review - application dismissed - recommendation to Minister for sympathetic consideration.

NAJC v Minister for Immigration [2002] FMCA 256 (1 November 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

Wahab v Minister for Immigration [2004] FMCA 788 (12 November 2004)

MIGRATION - Special need relative - whether nominator required assistance because of prolonged illness - whether nominator required assistance because of other serious circumstances.

SZBBF v Minister for Immigration [2004] FMCA 628 (15 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - application dismissed for non compliance with court order.

COSTS - Order for costs against solicitor for the applicant.

LAW REFORM - Desirability of an amendment to s.91X of the Migration Act 1958 (Cth) in relation to documents published by the Court to an applicant.

SZATQ v Minister for Immigration [2004] FMCA 642 (24 September 2004)

MIGRATION - Review of RRT decision - where delegate's request for applicant's comments on certain country information received no response - where applicant claims to have a well-founded fear of persecution for the Convention reason of political opinion - where inconsistencies in applicant's evidence impacted on her credibility - where applicant claims she was denied a fair hearing as result of interruptions and bias on part of Tribunal - where applicant failed to submit any evidence to substantiate this allegation - whether the Tribunal should have discussed its reasons for doubting the applicant's credibility with her - whether Tribunal ought to have considered "real chance" test - whether findings and reasons of Tribunal decision evidences jurisdictional error, a denial of natural justice or lack of procedural fairness.

NALE v Minister for Immigration [2002] FMCA 170 (15 August 2002)

MIGRATION - Application for review of a decision of the Refugee Review Tribunal - parties to a mixed marriage in India - allegation of lack of bona fides on the part of the Tribunal - use of 10 year old country information - selective use of country information - no finding of lack of bona fides.

WAIE v Minister for Immigration [2003] FMCA 34 (19 February 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - credibility of evidence - translation of declaration - whether the Tribunal made a jurisdictional error - whether persecution was `serious' - whether there was a `real chance' of persecution in the foreseeable future.

WAGK v Minister for Immigration [2002] FMCA 140 (12 July 2002)

MIGRATION - Review of Refugee Review Tribunal decision - no grounds for review.

VCAC v Minister for Immigration [2002] FMCA 242 (28 November 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - Bangladesh citizen claiming political persecution - issue regarding credibility of applicant - decision of Refugee Review Tribunal affirmed.

SZDOY v Minister for Immigration [2004] FMCA 951 (2 December 2004)

MIGRATION - RRT decision - Indian Hindu feared persecution from Muslim extremists - no error identified.

SZDOD v Minister for Immigration [2004] FMCA 962 (26 November 2004)

MIGRATION - RRT decision - Indian claiming persecution as member of People's War Group - disbelieved by Tribunal - no error shown.

SZAZD v Minister for Immigration [2004] FMCA 906 (17 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether failure to comply with s.424A Migration Act 1958.

SZAYI v Minister for Immigration [2004] FMCA 896 (4 November 2004)

MIGRATION - Review of RRT decision - where applicant claims to have a well-founded fear of persecution for the Convention reason of political opinion - where Tribunal accepted applicant's political involvement - where Tribunal did not consider that any harm/mistreatment which may be suffered would amount to persecution as defined by s.91R Migration Act - whether tribunal took into account the applicant's claims to have had false charges laid against him - where no particulars of alleged bad faith were given - whether the findings and reasons of the Tribunal's decision evidence jurisdictional error or a denial of procedural fairness - where applicant produced pro-forma submissions that did not relate to his case.

Rahman v Minister for Immigration [2004] FMCA 892 (17 November 2004)

MIGRATION - Visa - student visa - Migration Review Tribunal - application for review of a decision of the Migration Review Tribunal affirming a decision of a delegate of the respondent Minister to cancel the applicant's student (temporary) visa - applicant a citizen of Bangladesh - visa condition 8202 enrolment and course requirements - breach of condition of visa regarding attendance - failure to make satisfactory progress - no reviewable error.

M31 v Minister for Immigration [2003] FMCA 192 (22 May 2002)

MIGRATION - Review of decision of the Migration Review Tribunal affirming a decision of the delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WAHK v Minister for Immigration [2003] FMCA 1 (7 January 2003)

MIGRATION - Application for review of decision of Refugee Review Tribunal - applicant Afghanistanian - Hazara Shi'a/Muslim - application for review of decision of Refugee Review Tribunal, whether applicant had a "well founded fear of persecution" despite the fall of the Taliban - no grounds available for review - application dismissed.

WACU v Minister for Immigration [2002] FMCA 143 (23 July 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded.

NACF v Minister for Immigration [2002] FMCA 119 (20 June 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming delegate's decision refusing to grant a protection visa - whether the RRT decision was bona fide - whether the RRT decision discloses a jurisdictional error on its face - whether the applicant could avoid persecution by relocating in India.

NABZ v Minister for Immigration [2003] FMCA 168 (10 April 2003)

MIGRATION - Review of decision of Refugee Review Tribunal - no jurisdictional error.

Tran v Minister for Immigration [2004] FMCA 709 (19 October 2004)

MIGRATION - Spouse visa - application dismissed.

SZCHQ v Minister for Immigration [2004] FMCA 681 (20 July 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - summary dismissal - no reasonable cause of action - applicant notified of respondent's intention to seek summary dismissal - non-appearance by applicant.

SCAN v Minister for Immigration [2002] FMCA 129 (9 July 2002)

MIGRATION - Review of a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding applicant's fear of persecution was not well founded - obligation of the Tribunal to provide applicant with natural justice - satisfied by provision of s.424A letter - application dismissed.

NASL v Minister for Immigration [2003] FMCA 72 (12 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - whether the applicant has a well founded fear of persecution - whether there is a real chance that the applicant would suffer persecution if returned - whether the Tribunal's decision was unreasonable according to the Wednesbury test.

Lee v Minister for Immigration [2002] FMCA 279 (15 November 2002)

MIGRATION - Notice of Motion - summary dismissal.

PRACTICE & PROCEDURE - Notice of Motion - summary dismissal.

WAES v Minister for Immigration [2003] FMCA 11 (23 January 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - applicant claiming to be from Afghanistan - decision of Refugee Review Tribunal affirmed.

SZDMO v Minister for Immigration [2004] FMCA 890 (6 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - no jurisdictional error - application dismissed.

SZAUZ v Minister for Immigration [2004] FMCA 655 (22 September 2004)

MIGRATION - RRT decision - Bangladeshi applicant did not attend RRT hearing - complaints that matters were not considered - no jurisdiction error found.

NAPX v Minister for Immigration [2002] FMCA 283 (13 November 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal to grant a protection visa - no reviewable error disclosed.

Chen v Minister for Immigration [2004] FMCA 860 (23 November 2004)

MIGRATION - Review of Migration Review Tribunal decision - cancellation of a student visa - MRT finding it lacked jurisdiction - MRT making the correct decision for the wrong reason - further review futile - application summarily dismissed as disclosing no reasonable cause of action.

WAGI v Minister for Immigration [2002] FMCA 320 (18 February 2003)

MIGRATION - Application for protection visa - privative clause applies - application refused.

COSTS - No order - change in circumstances of country of origin of applicant arrival in Australia.

WAGA v Minister for Immigration [2002] FMCA 137 (12 July 2002)

MIGRATION - Review of decision of Refugee Review Tribunal - no grounds for review shown.

WAFQ v Minister for Immigration [2002] FMCA 183 (2 September 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicant convert to Christian faith - applicant claimed arrest for political activity - credibility of applicant not accepted by Tribunal - no available grounds of review identified - no lack of bona fides - application dismissed.

WABF v Minister for Immigration [2002] FMCA 99 (17 May 2002)

MIGRATION - Adjourned pending decision of Full Court of Federal Court - factors to consider - relevance of pro bono assistance.

NASQ v Minister for Immigration [2002] FMCA 305 (27 November 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's decision to refuse a protection visa - whether the RRT breached s.424A of the Migration Act 1958 - whether a breach of s.424A is protected by the privative clause in s.474(1).

NAPZ v Minister for Immigration [2003] FMCA 47 (4 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant had a well-founded fear for reasons of political association - credibility of applicant's evidence - whether there was a real chance of persecution - whether the Tribunal fell into error by misrepresenting the applicant's account of events or ignoring important evidence - whether applicant had the requisite subjective fear.

NAOZ v Minister for Immigration [2002] FMCA 277 (20 November 2002)

MIGRATION - Review of Tribunal decision - fear of persecution - credibility of applicant and witness - whether the Tribunal was biased in its decision - apprehended bias and actual bias - whether bias can be extrapolated from the existence of adverse findings alone - whether apprehended bias is excluded by virtue of s.474.

NALC v Minister for Immigration [2004] FMCA 617 (8 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming ethnic persecution in Russia - applicant claimed to live at the relevant time in Yakutia but RRT found that that claim was fabricated - whether reasoning of RRT illogical - no reviewable error found - application dismissed.

Cakiroglu v Minister for Immigration [2004] FMCA 809 (19 November 2004)

MIGRATION - Review of Migration Review Tribunal - spouse visa - not genuine marriage relationship - wrong test - no jurisdictional error.

WAJU v Minister for Immigration [2003] FMCA 199 (21 May 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - applicant a Sri Lankan Tamil - no reviewable error found - observations on the interpretation of the privative clause in s.474 of the Migration Act.

WAHY v Minister for Immigration [2003] FMCA 121 (17 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution for a Convention reason - whether the applicant was denied procedural fairness.

WAHT v Minister for Immigration [2002] FMCA 368 (12 December 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WACX v Minister for Immigration & Multicultural & Indigenous Affairs [2002]

MIGRATION - appeal from a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded

WACM v Minister for Immigration [2002] FMCA 102 (27 May 2002)

MIGRATION - Application for review of Refugee Review Tribunal - refusal to grant protection visa.

SZABF v Minister for Immigration (No.2) [2003] FMCA 178 (16 May 2003)

MIGRATION / PRACTICE AND PROCEDURE - Where costs order made against solicitor for failure to attend hearing - where the solicitor was given the opportunity to explain reasons - whether the order should be vacated.

NAKI v Minister for Immigration [2002] FMCA 185 (28 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - internal inconsistencies in findings of the Tribunal - jurisdictional error found - jurisdictional error not an available ground for review - application dismissed - recommendation to Minister for sympathetic consideration.

NAJC v Minister for Immigration [2002] FMCA 256 (1 November 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

Wahab v Minister for Immigration [2004] FMCA 788 (12 November 2004)

MIGRATION - Special need relative - whether nominator required assistance because of prolonged illness - whether nominator required assistance because of other serious circumstances.

SZBBF v Minister for Immigration [2004] FMCA 628 (15 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - application dismissed for non compliance with court order.

COSTS - Order for costs against solicitor for the applicant.

LAW REFORM - Desirability of an amendment to s.91X of the Migration Act 1958 (Cth) in relation to documents published by the Court to an applicant.

SZATQ v Minister for Immigration [2004] FMCA 642 (24 September 2004)

MIGRATION - Review of RRT decision - where delegate's request for applicant's comments on certain country information received no response - where applicant claims to have a well-founded fear of persecution for the Convention reason of political opinion - where inconsistencies in applicant's evidence impacted on her credibility - where applicant claims she was denied a fair hearing as result of interruptions and bias on part of Tribunal - where applicant failed to submit any evidence to substantiate this allegation - whether the Tribunal should have discussed its reasons for doubting the applicant's credibility with her - whether Tribunal ought to have considered "real chance" test - whether findings and reasons of Tribunal decision evidences jurisdictional error, a denial of natural justice or lack of procedural fairness.

NALE v Minister for Immigration [2002] FMCA 170 (15 August 2002)

MIGRATION - Application for review of a decision of the Refugee Review Tribunal - parties to a mixed marriage in India - allegation of lack of bona fides on the part of the Tribunal - use of 10 year old country information - selective use of country information - no finding of lack of bona fides.

WAIE v Minister for Immigration [2003] FMCA 34 (19 February 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - credibility of evidence - translation of declaration - whether the Tribunal made a jurisdictional error - whether persecution was `serious' - whether there was a `real chance' of persecution in the foreseeable future.

WAGK v Minister for Immigration [2002] FMCA 140 (12 July 2002)

MIGRATION - Review of Refugee Review Tribunal decision - no grounds for review.

VCAC v Minister for Immigration [2002] FMCA 242 (28 November 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming decision not to grant a protection visa - Bangladesh citizen claiming political persecution - issue regarding credibility of applicant - decision of Refugee Review Tribunal affirmed.

SZDOY v Minister for Immigration [2004] FMCA 951 (2 December 2004)

MIGRATION - RRT decision - Indian Hindu feared persecution from Muslim extremists - no error identified.

SZDOD v Minister for Immigration [2004] FMCA 962 (26 November 2004)

MIGRATION - RRT decision - Indian claiming persecution as member of People's War Group - disbelieved by Tribunal - no error shown.

SZAZD v Minister for Immigration [2004] FMCA 906 (17 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether failure to comply with s.424A Migration Act 1958.

SZAYI v Minister for Immigration [2004] FMCA 896 (4 November 2004)

MIGRATION - Review of RRT decision - where applicant claims to have a well-founded fear of persecution for the Convention reason of political opinion - where Tribunal accepted applicant's political involvement - where Tribunal did not consider that any harm/mistreatment which may be suffered would amount to persecution as defined by s.91R Migration Act - whether tribunal took into account the applicant's claims to have had false charges laid against him - where no particulars of alleged bad faith were given - whether the findings and reasons of the Tribunal's decision evidence jurisdictional error or a denial of procedural fairness - where applicant produced pro-forma submissions that did not relate to his case.

Rahman v Minister for Immigration [2004] FMCA 892 (17 November 2004)

MIGRATION - Visa - student visa - Migration Review Tribunal - application for review of a decision of the Migration Review Tribunal affirming a decision of a delegate of the respondent Minister to cancel the applicant's student (temporary) visa - applicant a citizen of Bangladesh - visa condition 8202 enrolment and course requirements - breach of condition of visa regarding attendance - failure to make satisfactory progress - no reviewable error.

M31 v Minister for Immigration [2003] FMCA 192 (22 May 2002)

MIGRATION - Review of decision of the Migration Review Tribunal affirming a decision of the delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WAHK v Minister for Immigration [2003] FMCA 1 (7 January 2003)

MIGRATION - Application for review of decision of Refugee Review Tribunal - applicant Afghanistanian - Hazara Shi'a/Muslim - application for review of decision of Refugee Review Tribunal, whether applicant had a "well founded fear of persecution" despite the fall of the Taliban - no grounds available for review - application dismissed.

WACU v Minister for Immigration [2002] FMCA 143 (23 July 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded.

NACF v Minister for Immigration [2002] FMCA 119 (20 June 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming delegate's decision refusing to grant a protection visa - whether the RRT decision was bona fide - whether the RRT decision discloses a jurisdictional error on its face - whether the applicant could avoid persecution by relocating in India.

NABZ v Minister for Immigration [2003] FMCA 168 (10 April 2003)

MIGRATION - Review of decision of Refugee Review Tribunal - no jurisdictional error.

Trinh v Minister for Immigration [2004] FMCA 945 (26 November 2004)

MIGRATION - Mandatory visa conditions - review of Minister's decision - whether action of Minister's delegate negates mandatory conditions on original visa - waiver of condition.

SZDEK v Minister for Immigration [2004] FMCA 854 (22 November 2004)

MIGRATION - Review of Refugee Review Tribunal - refusal of a protection visa - applicant claiming political persecution in India - no substance to the judicial review application - application dismissed summarily as disclosing no reasonable cause of action.

SZAYN v Minister for Immigration [2004] FMCA 807 (17 November 2004)

MIGRATION - Application for review of RRT decision - where applicant claimed to have a well-founded fear of persecution on grounds of race and religion - where applicant provided the Tribunal with written submissions in support of his claims - where said submissions were identical to his sister's submissions - where Tribunal found that these had been prepared by someone else - where Tribunal did not inform applicant of this conclusion - whether Tribunal failed to consider the claims contained in the written submissions and thus fell into jurisdictional error.

SZAAX v Minister for Immigration [2003] FMCA 43 (19 February 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the RRT applied the correct test of effective protection in a third country - whether findings of fact reasonably open - application dismissed.

PRACTICE AND PROCEDURE - Observations on the desirability of applicants refining their applications to clearly identify the real area of dispute, following the decision of the High Court in Plaintiff S157 of 2002 v Commonwealth.

NADD v Minister for Immigration [2003] FMCA 203 (15 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - whether the applicant has a well-founded fear of persecution for a Convention reason - whether the Tribunal approached its task with a closed mind - whether the Tribunal's decision was tainted by bias - whether the Tribunal made a Craig type of jurisdictional error by failing to take into account relevant considerations - whether there is a reviewable error.

SZAOZ v Minister for Immigration [2004] FMCA 702 (15 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming persecution in Bangladesh - RRT invited applicant to attend but he did not receive the invitation - invitation also sent to the applicant's migration agent - applicant failed to keep in contact with the migration agent - whether the RRT entitled to proceed to a decision in the absence of the applicant considered - the RRT was so entitled and the proceedings were fair - application dismissed as incompetent.

NAYH v Minister for Immigration [2004] FMCA 698 (6 October 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether Tribunal failed to have regard to relevant considerations - whether Tribunal reached a decision that could not reasonably have been reached.

Vaiangina v Minister for Immigration [2004] FMCA 566 (30 August 2004)

MIGRATION - Application to review decision of Migration Review Tribunal to refuse to grant Bridging Visa - relevance of application by children of applicant for interlocutory injunction to restrain their detention - whether jurisdictional error.

SZDMG v Minister for Immigration [2004] FMCA 822 (3 November 2004)

MIGRATION - RRT refused protection visa - Bangladeshi warrants and court documents found bogus - no legal error in Tribunal decision or procedure.

SZDKL v Minister for Immigration [2004] FMCA 741 (15 October 2004)

MIGRATION - RRT decision - applicant claiming North Korean nationality and living illegally in China for 20 years - no error by Tribunal when disbelieving.

SZATU v Minister for Immigration [2004] FMCA 592 (10 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming political persecution in Bangladesh - no reviewable error disclosed - application dismissed.

PRACTICE AND PROCEDURE - Observations on the relative merits of representation by qualified legal practitioners and migration agents.

NAEJ v Minister for Immigration [2002] FMCA 113 (21 June 2002)

MIGRATION - Appeal from a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded - jurisdiction of Court to review decision - no finding of bias or lack of bona fides.

NADQ v Minister for Immigration [2003] FMCA 184 (9 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution - where the Tribunal made findings on credibility - where the genuineness of documents is an issue - whether there is a duty to inquire - where applicant alleged errors of fact.

NABP v Minister for Immigration [2003] FMCA 217 (19 May 2003)

MIGRATION - Review of decision of RRT - where applicant alleges series of failures by Tribunal but fails to particularise them - where applicant raises authority in support of his claims but does not explain how it applies - where claim is really an attack upon the Tribunal's decision on its merits.

VSAJ v Minister for Immigration (No.1) [2004] FMCA 569 (1 September 2004)

MIGRATION - Application for protection visa - applicant citizen of India - claimed persecution by reason of Muslim religion - tribunal found applicant not credible - no error by tribunal.

SZDCV v Minister for Immigration [2004] FMCA 664 (29 September 2004)

MIGRATION - Application for review of Refugee Review Tribunal - refusal of a Protection (Class XA) visa - application dismissed pursuant to Rules 13.03(2)(b) and 13.10(a) of the Federal Magistrates Court Rules 2001.

SZBPA v Minister for Immigration [2004] FMCA 751 (28 October 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - summary dismissal - no reasonable cause of action.

NAPY v Minister for Immigration [2002] FMCA 286 (11 December 2002)

MIGRATION - Review of RRT decision - protection visa - fear of persecution by reasons of political activity - credibility of applicant's evidence - whether relocation in home country a solution - whether all relevant evidence was before the Tribunal - confirmation that review of the RRT is a review by way of re-hearing de novo - whether the Tribunal acted bona fides.

NAHS v Minister for Immigration [2002] FMCA 161 (1 August 2002)

MIGRATION - review of decision of the Refugee Review Tribunal affirming a delegate's decision to refuse to grant a protection visa - alleged political activity in India - credibility of the applicant - whether the conclusions of the RRT were reasonably open to it.

Zhen v Minister for Immigration [2004] FMCA 874 (26 November 2004)

MIGRATION - Spouse visa - domestic violence.

WAIU v Minister for Immigration [2003] FMCA 122 (11 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution for Convention reasons -whether the applicant belonged to a particular social group - whether there was jurisdictional error in the Tribunal's decision.

WAGX v Minister for Immigration [2002] FMCA 358 (11 December 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WAGN v Minister for Immigration [2002] FMCA 138 (12 July 2002)

MIGRATION - Review of decision of Refugee Review Tribunal - no grounds for review shown.

SZBSJ v Minister for Immigration [2004] FMCA 672 (30 September 2004)

MIGRATION - RRT decision - decision given at conclusion of hearing - no evidence suggesting bias or bad faith.

SZAWU v Minister for Immigration [2004] FMCA 562 (27 August 2004)

MIGRATION - Protection visa - no ground for review of Refugee Review Tribunal decision.

NBAV v Minister for Immigration [2004] FMCA 577 (31 August 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - summary dismissal.

NANZ v Minister for Immigration [2002] FMCA 241 (14 October 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's decision refusing to grant a protection visa - no reviewable error disclosed.

MZWEQ v Minister for Immigration [2004] FMCA 867 (8 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa.

SZABF v Minister for Immigration [2003] FMCA 141 (9 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution for reasons of political association - whether the applicant was denied procedural fairness due to delay in proceedings - whether the decision is reviewable - where solicitor acting for applicant failed to attend hearing - whether solicitor should pay the costs.

NAOL v Minister for Immigration [2002] FMCA 294 (5 November 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal to grant a protection visa - alleged bad faith - delay in RRT decision - credibility of the applicant - no reviewable error found.

NAHF v Minister for Immigration [2002] FMCA 193 (2 September 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicants alleged that Tribunal did not afford them procedural fairness - no lack of procedural fairness found - lack of procedural fairness not an available ground for review - no lack of bona fides found.

Xeba v Minister for Immigration [2003] FMCA 204 (5 June 2003)

MIGRATION - Application for review of decision of Migration Review Tribunal - no jurisdictional error.

WAIN v Minister for Immigration [2003] FMCA 74 (21 March 2003)

MIGRATION - Protection visa - no jurisdictional error - different finding by Refugee Review Tribunal of similar case not a basis for review - no costs order.

VGAJ v Minister for Immigration [2003] FMCA 85 (13 March 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - allegations of political persecution in Sri Lanka - whether the Hickman provisos satisfied - whether the RRT committed a jurisdictional error - no reviewable error found.

SZEBH v Minister for Immigration [2004] FMCA 932 (22 November 2004)

MIGRATION - RRT refused visa to Chinese Falun Gong practitioner - applicant did not attend Tribunal hearing - claim that invitation not received - no error in Tribunal making decision without taking further action.

SZAYG v Minister for Immigration [2004] FMCA 745 (15 October 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - whether Tribunal erred in law by making inconsistent findings.

SZADQ v Minister for Immigration [2003] FMCA 230 (11 June 2003)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - procedural fairness - alleged bias - no reviewable error found.

PRACTICE AND PROCEDURE - Provision of an interpreter - whether the religion of the interpreter a relevant consideration.

SZABC v Minister for Immigration [2003] FMCA 156 (17 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution for reasons of membership to a particular social group - whether the persecution can be categorised as `serious' in accordance with Convention requirements - whether the applicant could gain effective protection from country of nationality - whether the Tribunal denied the applicant procedural fairness by failing to take into account findings of other Tribunals differently constituted.

SDAD v Minister for Immigration [2002] FMCA 132 (9 July 2002)

MIGRATION - Review of a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding applicant's fear of persecution was not well founded.

NASP v Minister for Immigration [2002] FMCA 344 (3 December 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal to grant a protection visa - alleged procedural unfairness and bias - no reviewable error disclosed.

NACR v Minister for Immigration [2003] FMCA 147 (9 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - whether the applicant had a well-founded fear of persecution for a Convention reason - whether the Tribunal failed to take relevant considerations into account - whether the Tribunal failed to give the applicant the opportunity to comment on country information it intended to rely upon - where there was inconsistencies between the applicant's written evidence and oral evidence - credibility of the applicant - whether the Tribunal's decision indicated bias - whether the Tribunal made a jurisdictional error.

MZWHW v Minister for Immigration [2004] FMCA 715 (18 October 2004)

MIGRATION - Review of RRT decision - summary dismissal - abuse of process - same RRT decision previously the subject of review and order nisi application in High Court.

SZDNU v Minister for Immigration [2004] FMCA 884 (27 September 2004)

MIGRATION - RRT decision - summary dismissal of application for judicial review - abuse of Court process - previous application dismissed in Federal Court - application doomed to failure on estoppel or discretion.

SZDFE v Minister for Immigration [2004] FMCA 696 (1 October 2004)

MIGRATION: Application to review decision of Refugee Review Tribunal - no jurisdictional error

SZDFE v Minister for Immigration [2004] FMCA 696 (1 October 2004)

MIGRATION: Application to review decision of Refugee Review Tribunal - no jurisdictional error

SZAYJ v Minister for Immigration [2004] FMCA 918 (19 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - no jurisdictional error.

SZAXY v Minister for Immigration [2004] FMCA 743 (18 October 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - no jurisdictional error.

SGBB v Minister for Immigration [2002] FMCA 322 (12 December 2002)

MIGRATION - Review of RRT decision - protection visa - whether applicant had a well-founded fear of persecution `for reasons of' belonging to a particular social group - jurisdictional error - whether all relevant country material taken into consideration by the Tribunal - procedural fairness - whether there was a likelihood of future persecution if applicant returned to country of origin - no reviewable error found.

SFJB v Minister for Immigration [2002] FMCA 188 (30 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicant Afghani citizen of the Hazara ethnicity - applicant claimed well-founded fear of persecution on the grounds of the known persecution of the Hazara minority by the Taliban - change of situation in Afghanistan - no continuing well-founded fear of persecution - no grounds for review found.

NARP v Minister for Immigration [2002] FMCA 329 (22 November 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether applicant the subject of spousal abuse - whether applicant the subject of persecution in Bangladesh - credibility of the applicant - application dismissed.

NAMO v Minister for Immigration [2002] FMCA 229 (15 October 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicant alleged that Tribunal had come to mistaken conclusions based upon errors that had appeared in his entry interviews - jurisdictional error not found - no lack of bona fides found.

NAJN v Minister for Immigration [2002] FMCA 272 (8 November 2002)

MIGRATION - Protection visa - judicial review - allegation of lack of bona fides by Tribunal - decision made on basis of evidence reasonably before it - no reviewable error.

NAIK v Minister for Immigration [2002] FMCA 278 (20 November 2002)

MIGRATION - Review of Tribunal's decision - whether there was a jurisdictional error under s.39B - whether the Tribunal acted bona fides.

NACW v Minister for Immigration [2003] FMCA 191 (24 April 2003)

MIGRATION - Review of decision of Refugee Review Tribunal - no jurisdictional error - application dismissed.

NACD v Minister for Immigration [2002] FMCA 190 (30 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - no reviewable error identified.

Bosi v Minister for Immigration [2004] FMCA 573 (25 August 2004)

MIGRATION - Review of decision of MRT - where applicant is a student who was found to have breached condition 8202 - whether there is a duty on Tribunal to obtain certificate from education provider - whether the Tribunal misled the applicant - whether the Tribunal should have taken into account results subsequent to the semesters in which the applicant's results were not satisfactory.

WAHV v Minister for Immigration [2003] FMCA 10 (7 January 2003)

MIGRATION - Review of RRT decision - protection visa - well-founded fear of persecution by reason of religion - whether the Tribunal acted in bad faith in coming to its decision - whether the Tribunal had a pre-determined view.

WAFI v Minister for Immigration [2002] FMCA 179 (23 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - decision failed to refer to applicant's grounds for seeking refugee status - decision made on the basis that application was not an Iraqi Kurd as claimed - where identity is not established failure to indicate consideration of claims which have no evidentiary value in establishing identity does not amount to an error of law.

WADY v Minister for Immigration [2003] FMCA 110 (9 April 2003)

MIGRATION -- Application for review of Refugee Review Tribunal's decision -- no jurisdictional error -- application dismissed.

SZDZV v Minister for Immigration [2004] FMCA 652 (7 September 2004)

MIGRATION - Appeal of RRT decision not to grant refugee status - objection to competency - no ground of jurisdictional error made out - application dismissed.

SZDMZ v Minister for Immigration [2004] FMCA 846 (10 November 2004)

MIGRATION - RRT refused protection visa to Thai Muslim - applicant failed to attend tribunal hearing - no error in tribunal procedure or reasons.

SZDJD v Minister for Immigration [2004] FMCA 900 (29 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - Minister's objection to competency - RRT decision previously found to be a privative clause decision - objection to competency upheld.

SZDDH v Minister for Immigration [2004] FMCA 624 (10 September 2004)

MIGRATION - Application for review of RRT decision - Whether application should be summarily dismissed as disclosing no reasonable cause of action - where applicant joined Muin and Lie class action - where that matter was remitted to the Federal Court and dismissed - where applicant lodged further application for review in Federal Magistrates Court - where application not particularised - where applicant failed to comply with orders of the Court - where applicant's amended application referred to matters that were not in issue and did not relate to the applicant's situation - whether certain information referred to by the Tribunal was "just about a class of persons" and thus covered by s.424A(3) Migration Act.

SZAXU v Minister for Immigration [2004] FMCA 775 (28 October 2004)

MIGRATION - Review of RRT decision - where applicant joined Muin and Lie class action before lodging application for review in FMCA - where applicant claims to have a well-founded fear of persecution for reason of political opinion - where Tribunal did not consider the applicant to be a credible witness - where applicant claims his case is identical to Muin and Lie - where no evidence was presented to substantiate this claim - whether the Tribunal decision evidences a denial of procedural fairness - where applicant essentially seeking merits review - whether s.424A required the applicant to have been provided with particulars of information that formed part of the Tribunal's reasons for decision, namely that political violence in Bangladesh had subsided.

SZAUT v Minister for Immigration [2004] FMCA 637 (17 September 2004)

MIGRATION - Review of RRT decision - where applicant filed submissions prepared by a migration agent - where those submissions did not relate to the applicants individual claims - where application for protection initially on basis of well-founded fear of persecution for reasons of political opinion - where following his winning lotto the applicant's fear of persecution was on basis of his membership of a particular social group namely "wealthy persons in Bangladesh" - where applicant claims Tribunal made an error of law but does not particularise the claim - whether Tribunal obliged to investigate applicant's claims - where applicant misunderstanding the role of the Court on review in requesting he be granted a visa.

SZACG v Minister for Immigration [2003] FMCA 218 (28 May 2003)

MIGRATION - Review of decision of RRT - where applicant does not raise any jurisdictional error but relies on error of fact - where court identifies possible jurisdictional error - whether Tribunal did not consider the applicant as a member of a particular social group - whether wrong findings of fact can constitute jurisdictional error.

NAPU v Minister for Immigration [2002] FMCA 268 (4 November 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal to grant a protection visa - no reviewable error found.

MZWEA v Minister for Immigration [2004] FMCA 810 (19 November 2004)

MIGRATION - Refugee Review Tribunal - privative clause decision - protection visa.

Haroon v Minister for Immigration [2003] FMCA 150 (23 April 2003)

MIGRATION - Migration Review Tribunal - review of decision affirming a delegate's refusal of a business skills residence visa - whether MRT decision unreasonable - assessment of visa application against prescribed criteria - application dismissed.

Yang v Minister for Immigration [2003] FMCA 134 (11 April 2003)

MIGRATION - Review of decision of the Migration Review Tribunal - application for a student visa - whether the applicant had complied with the attendance requirements - whether the decision of the Tribunal was unfair because it did not take personal circumstances into account - whether the Tribunal failed to address the issue of what constituted substantial compliance - whether the Tribunal took irrelevant attendance records into consideration - whether this type of unfairness amounts to a denial of natural justice as described in Plaintiff S157 v Commonwealth of Australia - whether a claim that the Tribunal applied faulty logic is reviewable.

WAHJ v Minister for Immigration [2002] FMCA 360 (10 December 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

VDAT v Minister for Immigration (No.2) [2003] FMCA 166 (9 May 2003)

MIGRATION - Costs fixed by court - impecuniosity of applicant not sufficient reason to refuse costs order.

Zhang v Minister for Immigration [2003] FMCA 67 (24 February 2003)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of a decision of the Refugee Review Tribunal affirming a decision of the delegate of the Minister not to grant a protection visa to the Applicant - Applicant a citizen of India - claim of a well-founded persecution by Muslims - review of the merits of an administrative decision not within the scope of a judicial review.

SZDMA v Minister for Immigration [2004] FMCA 908 (1 November 2004)

MIGRATION - Refugee - invitation to Tribunal hearing - procedural fairness.

SZAUF v Minisgter for Immigration [2004] FMCA 862 (15 November 2004)

MIGRATION - Review of RRT decision - where Tribunal is of the view that treatment received by the applicant did not amount to persecution.

SZATT v Minister for Immigration [2004] FMCA 639 (2 September 2004)

MIGRATION - Review of RRT decision - where applicant claims to have a well-founded fear of persecution for convention reason of religion - where applicant was involved in a revenge attack on Hindu community - where applicant fears Hindu community will seek retribution if he returns and police will fabricate evidence against him - where applicant alleges the Tribunal told him there was no need for him to submit evidence - where applicant did not provide the Court with any evidence of what occurred at Tribunal hearing - where applicant failed to particularise how the Tribunal fell into jurisdictional error - whether findings and reasons of Tribunal decision evidence jurisdictional error or lack of procedural fairness.

SZAAZ v Minister for Immigration [2003] FMCA 133 (2 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - whether the applicant has a well founded fear of persecution for Convention reasons - whether the Tribunal's decision could be categorised as being `unreasonable' according to the Wednesbury test.

NAOJ v Minister for Immigration [2002] FMCA 280 (31 October 2002)

MIGRATION - Fear of persecution - protection visa - review of RRT decision - jurisdictional error - lack of bona fides.

NAND v Minister for Immigration [2002] FMCA 370 (10 December 2002)

IMMIGRATION AND CITIZENSHIP - Immigration - review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa.

PRACTICE AND PROCEDURE - Hearing - failure of the applicant or his solicitor to appear - whether adjournment should be granted - previous adjournment by consent - application dismissed.

Konglua v Minister for Immigration [2003] FMCA 124 (3 April 2003)

MIGRATION - Application for an urgent injunction to hold back deportation - application to be taken out of detention - whether there is an imminent risk of deportation - balance of convenience - whether the applicant has "administrative matters" to attend to - whether the applicant had been denied procedural fairness - whether the applicant had known about the decision of the Refugee Review Tribunal.

SZDJL v Minister for Immigration [2004] FMCA 632 (20 September 2004)

MIGRATION - Review of RRT decision - where Tribunal was hearing applicant's case for the second time after Federal Court remitted the matter to RRT by consent - where Tribunal did not consider the applicant to be a credible witness - whether Tribunal erred in not accepting corroborative evidence - whether Tribunal considered whether the applicant had a well-founded fear of persecution based on his ethnicity and religion - where applicant failed to particularise some of his claims.

SZDJA v Minister for Immigration [2004] FMCA 636 (17 September 2004)

MIGRATION - Review of RRT decision - whether the application should be summarily dismissed as vexatious and an abuse of process - where applicant claimed to have a well-founded fear of persecution as a result of his knowledge about corruption within the government - where Tribunal found that the applicant would not suffer retribution as a result of this knowledge - where application that had been lodged with the Federal Court had been dismissed by consent - where applicant later lodged a draft order nisi in High Court - where matter remitted to Federal Court and application for order nisi refused - where applicant then lodged application for judicial review in Federal Magistrates Court.

SZCOT v Minister for Immigration [2004] FMCA 630 (13 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - decision previously reviewed by the Federal Court which found no jurisdictional error - the RRT decision is a privative clause decision and the current judicial review application was filed out of time - application dismissed summarily as incompetent.

NATC v Minister for Immigration [2003] FMCA 22 (31 January 2003)

MIGRATION - Review of RRT decision - application for protection visa - well-founded fear of persecution for reasons of political association - credibility of applicant's evidence - whether the Tribunal's decision was made in a bona fide manner.

PROCEDURAL FAIRNESS - Whether the Tribunal considered all the relevant information and did not take into account irrelevant information.

NABY v Minister for Immigration [2002] FMCA 134 (10 July 2002)

MIGRATION - Review of a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded.

Doe v Minister for Immigration [2004] FMCA 818 (8 November 2004)

MIGRATION - Visa - application for bridging visa - Migration Review Tribunal - review of a decision made by the Migration Review Tribunal - applicant referred to by a pseudonym to comply with s.91X of the Migration Act 1958 - applicant's name not to be published where the proceeding relates to applicant's capacity a person who applied for a protection-related visa.

WAHG v Minister for Immigration [2003] FMCA 91 (19 March 2003)

MIGRATION - Review of the decision of Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution in the future for reasons of political association or ethnicity - where the situation in country of origin has changed - whether the Tribunal denied the applicant natural justice - whether the interpreter made errors in translation.

Tran v Minister for Immigration [2004] FMCA 713 (23 September 2004)

PRACTICE AND PROCEDURE - MIGRATION - Migration Review Tribunal - discovery pursuant to s.45 of the Federal Magistrates Act 1999 - factors to consider - relevance of documents - voluminous material - application refused.

SZAYR v Minister for Immigration [2004] FMCA 804 (12 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant a Falun Gong practitioner claiming persecution in China - no substance to grounds of review asserted - application dismissed.

SZACH v Minister for Immigration [2003] FMCA 173 (5 May 2003)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - whether applicant the victim of anti-Semitic persecution in Ukraine - whether the RRT took into account an irrelevant consideration - whether conclusions reached by the RRT reasonably open on the evidence - no reviewable error found.

NASK v Minister for Immigration [2003] FMCA 12 (28 January 2003)

MIGRATION - Review of RRT decision - protection visa - well-founded fear of persecution for reasons of religion - credibility of evidence - whether the Tribunal entered into its task with a lack of bona fides - whether the Tribunal breached an inviolable precondition of the exercise of its jurisdiction -whether this decision is one that is reviewable.

NAQS v Minister for Immigration [2002] FMCA 301 (19 November 2002)

MIGRATION - Protection visa application - conversion to Christianity sur place - Tribunal not satisfied under s.91R(3) - attempt to substitute Court's reasoning for that of the Tribunal - no lack of bona fides found in decision.

NAQA v Minister for Immigration [2002] FMCA 362 (20 November 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - applicant an adherent of the "White Brotherhood" religion in Ukraine - whether the RRT decision inconsistent with earlier RRT decisions on similar facts - no reviewable error found.

NAGQ v Minister for Immigration [2002] FMCA 167 (15 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well-founded.

NADV v Minister for Immigration [2002] FMCA 153 (30 July 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicant's fear of persecution was not well founded.

NABS v Minister for Immigration [2003] FMCA 92 (4 March 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - whether the Tribunal followed proper procedures - whether the Tribunal's decision was affected by other jurisdictional error - where Tribunal's decision based upon applicant's credibility - whether applicant should have been allowed time to produce documents when the review process took two years.

WAHP v Minister for Immigration [2002] FMCA 234 (25 October 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicant's claims were not accepted by the Tribunal - applicant did not agree with the reasons of the Tribunal - jurisdictional error not found - no lack of bona fides found.

SZDLP v Minister for Immigration [2004] FMCA 1018 (25 October 2004)

MIGRATION - Refugee - credibility.

SZAYZ v Minister for Immigration [2004] FMCA 762 (3 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming persecution in China - no reviewable error disclosed - application dismissed.

SZAUN v Minister for Immigration [2004] FMCA 638 (17 September 2003)

MIGRATION - Review of RRT decision - where applicant claims to have a well-founded fear of persecution for Convention reason of political opinion - where applicant did not attend hearing - where applicant did not provide details of his political activities - where application for judicial review does not particularise how the Tribunal fell into jurisdictional error - whether Tribunal should have established why the applicant did not attend the hearing - whether Tribunal should have made additional enquires into the applicant's claims.

SGCB v Minister for Immigration [2002] FMCA 218 (20 September 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming delegate's decision to refuse to grant a protection visa - no reviewable error disclosed - application dismissed.

NBIP v Minister for Immigration [2004] FMCA 774 (29 October 2004)

MIGRATION - RRT decision on refugee visa - MRT bridging visa decision - no grounds for judicial review of either.

NALO v Minister for Immigration [2002] FMCA 204 (11 September 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a delegate's decision to refuse to grant a protection visa - privative clause - available grounds of review considered - no reviewable error found.

NAIJ v Minister for Immigration [2002] FMCA 225 (1 October 2002)

MIGRATION - Application to set aside consent orders - applicant signed consent orders on basis of advice received - conflicting advice received following the filing of the orders - consideration of grounds upon which the Court may set aside orders.

WAHU v Minister for Immigration [2003] FMCA 149 (16 April 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the applicant had a well-founded fear of persecution in Afghanistan - whether the RRT erred in rejecting evidence indicating an objective basis for such fear - no reviewable error found.

SZDOI v Minister for Immigration [2004] FMCA 612 (8 September 2004)

MIGRATION - Application to dismiss - where proceedings had already been heard and appealed up to High Court.

SZBXE v Minister for Immigration [2004] FMCA 904 (29 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of the delegate of the Minister to refuse a protection visa to the applicant - Applicant a citizen of India - failure to comply with directions - no reviewable error.

SZAVV v Minister for Immigration [2004] FMCA 679 (6 October 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming persecution in China as a Falun Gong practitioner - asserted bias and lack of evidence - no reviewable error found - application dismissed.

P v Minister for Immigration [2003] FMCA 190 (20 May 2003)

MIGRATION - Deportation - stay of deportation decision - whether criteria for deportation satisfied - whether deportation should be stayed pending the outcome of family law proceedings or otherwise in the interests of children of the deportee.

NARG v Minister for Immigration [2003] FMCA 49 (24 February 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the RRT acted in good faith - whether the RRT was biased - whether the RRT committed jurisdictional errors - no reviewable error found.

NAJV v Minister for Immigration [2002] FMCA 169 (15 August 2002)

MIGRATION - Application for review of a decision of the Refugee Review Tribunal - non-receipt of invitation to attend hearing - effect of deeming provisions - no requirement to take further positive steps to invite applicant to appear - no lack of bona fides - recommendation to Minister.

SZAAL v Minister for Immigration [2003] FMCA 45 (13 February 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa for reasons of political association - whether the applicant has a well-founded fear of persecution - credibility of applicant's evidence - whether the Tribunal had made a jurisdictional error - whether this court can review the merits of the Tribunal decision - whether the Tribunal had made its decision with a closed mind.

Ousmand v Minister for Immigration [2004] FMCA 735 (18 October 2004)

MIGRATION - Special need relative - brother-in-law not a special need relative - application to reinstate application dismissed for non-appearance - application has no chance of success.

NAYX v Minister for Immigration [2004] FMCA 925 (23 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of the delegate not to grant a protection visa to the applicant - applicant a citizen of India - judicial review does not extend to the merits of the evidence - where Refugee Review Tribunal did not find the applicant to be a credible witness - no reviewable error.

NAPI v MInister for Immigration [2002] FMCA 247 (14 October 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's decision to refuse to grant a protection visa - time limit for filing review application.

PRACTICE AND PROCEDURE - Objection to competency - application filed out of time.

COSTS - Whether former solicitors for applicant should pay the respondent's costs where the applicant acted on advice to his detriment.

NAOK v Minister for Immigration [2002] FMCA 269 (30 October 2002)

MIGRATION - Review of Tribunal decision - fear of persecution in home-state in India - possibility of relocation to another state - requirement to consider fear in home-state where relocation possible - procedural fairness.

NAJS v Minister for Immigration [2002] FMCA 260 (12 September 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

NAFY v Minister for Immigration [2002] FMCA 157 (30 July 2002)

MIGRATION - Review of a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicants' fear of persecution was not well founded - no reviewable error found.

NAFX v Minister for Immigration [2002] FMCA 156 (25 July 2002)

MIGRATION - Review of a decision of the Refugee Review Tribunal - whether the Tribunal erred in finding the applicants' fear of persecution was not well founded - no reviewable error found.

NAAL v Minister for Immigration [2003] FMCA 52 (20 February 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether applicant had a well-founded fear of persecution for Convention reasons - alleged fear for reasons of political association - credibility of applicant's evidence - whether the Tribunal's decision lacked bona fides - whether the Tribunal ignored relevant material - whether this court can review the Tribunal's decision on its merits.

WAIQ v Minister for Immigration [2002] FMCA 319 (12 December 2002)

MIGRATION - Review of decision of Refugee Review Tribunal - whether the Tribunal took into account alleged failures to translate from applicant's original written statement - whether applicant was provided with opportunity to explain discrepancies - no reviewable error found.

WAEY v Minister for Immigration [2003] FMCA 73 (21 March 2003)

MIGRATION - Protection visa - no jurisdictional error - different finding by Refugee Review Tribunal of similar case not a basis for review - no costs order.

VSAJ v Minister for Immigration (No.2) [2004] FMCA 570 (1 September 2004)

MIGRATION - Application for adjournment.

SZDNL v Minister for Immigration [2004] FMCA 949 (29 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - interlocutory application by Minister seeking summary dismissal of the judicial review application as an abuse of process - applicant failing to appear - adjournment application based on medical certificate - circumstances indicating applicant may be malingering - adjournment refused and judicial review application dismissed for non appearance.

SZDJN v Minister for Immigration [2004] FMCA 859 (11 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - Applicant failed to attend Tribunal hearing - no jurisdictional error.

SZBBH v Minister for Immigration [2004] FMCA 871 (18 November 2004)

MIGRATION - Application for review of RRT decision - where applicant did not attend the Tribunal hearing - where application seeking review on basis that the Tribunal member was biased and the decision unjustified on the evidence - where applicant has not particularised allegations of bias - whether the findings and reasons of the Tribunal evidence jurisdictional error or denial of procedural fairness.

SFKB v Minister for Immigration [2002] FMCA 317 (29 November 2002)

MIGRATION - Review of RRT decision - fear of persecution - whether the Tribunal made a jurisdictional error - whether Tribunal properly considered the objective basis of the applicant's fear - no reviewable error.

NARF v Minister for Immigration [2003] FMCA 15 (22 January 2003)

MIGRATION - Review of decision of RRT - applicant member of JCD - Tribunal found lack of credibility - whether "Muin" type claims are available to applicant - whether such errors constitute bad faith - whether alleged errors constitute reviewable breaches of natural justice principles.

NANV v Minister for Immigration [2002] FMCA 261 (30 October 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal to grant a protection visa - no reviewable error disclosed.

WAHZ v Minister for Immigration [2002] FMCA 264 (8 November 2002)

MIGRATION - Review of decision of RRT - applicant ethnic Hazara from Afghanistan - decision of Tribunal that he had no well founded fear of persecution - applicant refuted indications of safety - no reviewable error found.

SZDYS v Minister for Immigration [2004] FMCA 823 (10 November 2004)

MIGRATION - Application by respondent Minister for summary dismissal - whether application is an abuse of process - where applicant brought and later discontinued proceedings in the High Court - where applicant then filed an application for judicial review in the Federal Court - where this application was later dismissed for failure to comply with orders of the Court - where applicant then filed an application with the Federal Magistrates Court - where applicant did not attend hearing of Notice of Motion - whether costs should be awarded on an indemnity basis.

SZDJT v Minister for Immigration [2004] FMCA 937 (25 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - no jurisdictional error.

SZBZS v Minister for Immigration [2004] FMCA 773 (27 September 2004)

MIGRATION - Migration Act - refugee - application for review of decision of Refugee Review Tribunal - applicant claiming political persecution in Nepal - failure to apply correct convention definition of "single women without male protection" - failure to make reference to correct reports - no reviewable error found - application dismissed.

NAUK v Minister for Immigration [2004] FMCA 901 (24 November 2004)

MIGRATION - Review of decision of RRT - where applicant requested from them time to provide evidence - where time granted - where further time was requested - whether restriction on further time constituted jurisdictional error.

NAMP v Minister for Immigration [2002] FMCA 363 (16 October 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the RRT made errors of fact or law - Chinese one child policy - whether the applicant is a member of a particular social group - no reviewable error found.

NADA v Minister for Immigration [2003] FMCA 148 (10 April 2003)

MIGRATION - Review of Refugee Review Tribunal - application for a protection visa - whether the applicant has a well-founded fear of persecution for reasons of religion or political association - whether the applicant was denied procedural fairness - where the credibility of documentary evidence was in issue.

NACP v Minister for Immigration [2003] FMCA 18 (30 January 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the reasons for decision of the RRT adequate - no reviewable error found.

Zhang v Minister for Immigration [2003] FMCA 67 (24 February 2003)

MIGRATION - Review of Migration Review Tribunal decision affirming a delegate's refusal of a bridging visa - whether the application should be struck out due to the unavailability of the applicant.

PRACTICE AND PROCEDURE - Application by the respondent for the principal application to be struck out due to the unavailability of the applicant - applicant removed from Australia by the respondent prior to the hearing of the respondent's application - whether the respondent was entitled to remove the applicant from Australia considered - whether any useful purpose would be served by any further hearing of the principal application considered.

WAIA v Minister for Immigration [2002] FMCA 365 (12 December 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

WAGU v Minister for Immigration [2002] FMCA 181 (23 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - claims evolving over time - refusal to permit production of transcript of interview with Federal Police - some Tribunal findings unsupported by evidence - no finding of bias leading to a lack of bona fides - application dismissed.

Tavalu v Minister for Immigration [2003] FMCA 175 (5 May 2003)

MIGRATION - Review of Migration Review Tribunal decision - refusal of a bridging visa - earlier application to review a previous rejection of a bridging visa application dismissed - same grounds of review advanced - lack of substance in grounds of review - applicant having no understanding of or belief in grounds of review - grounds of review suggested by a non party - indemnity costs.

SZAYM v Minister for Immigration [2004] FMCA 724 (4 November 2004)

MIGRATION - Review of the Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming political persecution in Bangladesh - no reviewable error disclosed - application dismissed.

NASR v Minister for Immigration [2002] FMCA 343 (9 January 2003)

MIGRATION - Review of RRT decision - protection visa - whether the applicant had a well-founded fear of persecution for Convention reasons - credibility of evidence.

NASM v Minister for Immigration [2002] FMCA 345 (5 December 2002)

MIGRATION - Review of a Refugee Review Tribunal decision affirming a delegate's refusal to grant a protection visa - whether RRT acted on proper principles - no reviewable error disclosed.

NARY v Minister for Immigration [2003] FMCA 44 (20 February 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - whether the RRT proceedings were fair - alleged problems of interpretation - no reviewable error found.

NAGY v Minister for Immigration [2002] FMCA 189 (20 August 2002)

MIGRATION - Costs - withdrawal of application - consideration of circumstances in which a costs order should be made.

PRACTICE AND PROCEDURE - Costs - whether costs payable upon filing a notice of discontinuance.

NACY v Minister for Immigration [2003] FMCA 171 (1 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the Tribunal was following a finding that it was not satisfied of his apostasy - whether the applicant has a well-founded fear of persecution for reasons of religion - required to whether the applicant was denied procedural fairness.

WAJL v Minister for Immigration [2003] FMCA 195 (22 May 2003)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - unparticularised grounds of review - no reviewable error found.

WAGQ v Minister for Immigration [2002] FMCA 178 (23 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicant born in Iran and granted refugee protection in Germany - applicant claims fear of persecution for Convention reasons if returned to Germany - Tribunal not satisfied that the applicant had a well-founded fear of persecution - no error of law identified.

Thapa v Minister for Immigration [2002] FMCA 270 (26 September 2002)

MIGRATION - Application for review of decision of the Migration Review Tribunal - no jurisdictional error - privative clause decision - application dismissed.

SZACN v Minister for Immigration [2003] FMCA 185 (12 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution for reasons for political association - whether there is a reviewable error.

NATE v Minister for Immigration [2003] FMCA 19 (29 January 2003)

MIGRATION - Review of decision of Refugee Review Tribunal - no appearance by applicant before delegate or Tribunal - applicant allegedly member of Falun Gong - no claim of lack of bona fides or breach of inviolable precondition.

NAQK v Minister for Immigration [2002] FMCA 287 (21 November 2002)

MIGRATION - Applicant did not attend Tribunal hearing - medical reasons not advised to Tribunal - Tribunal made decision pursuant to s.426A of Migration Act - no inviolable pre condition found - no error by Tribunal found.

NAQF v Minister for Immigration & Anor [2002] FMCA 338 (11 December 2002)

MIGRATION - Review of RRT decision - protection visa - well-founded fear of persecution - credibility - whether the applicant was able to return to country of origin safely after being away for a long time - whether there is jurisdictional error - no reviewable error found.

NALG v Minister for Immigration [2002] FMCA 258 (25 October 2002)

MIGRATION - Application for review of decision of RRT - no reviewable error found.

PRACTICE AND PROCEDURE - No appearance by applicant - application dismissed pursuant to Federal Court Rules - deficiency in FMCA Rules noted.

NAAX v Minister for Immigration [2002] FMCA 349 (2 December 2002)

MIGRATION - Review of Migration Review Tribunal decision affirming a delegate's refusal of a bridging visa - no reviewable error found.

Siddiqui v Minister for Immigration [2004] FMCA 961 (3 December 2004)

MIGRATION - Application to set aside MRT decision - application by respondent Minister to have the matter summarily dismissed - where applicant applied for a temporary student visa - where applicant did not hold a substantive visa at the time he made his application - where applicant unable to satisfy mandatory requirements of the Migration regulations - where applicant failed to provide particulars in his application relating to his application for judicial review - whether the application discloses no reasonable cause of action.

NASJ v Minister for Immigration [2002] FMCA 316 (21 November 2002)

MIGRATION - Review of decision of RRT - claim of lack of bona fides in manner Tribunal dealt with applicant - time given to make additional submissions - submissions made - no reviewable error.

NAPH v Minister for Immigration [2002] FMCA 290 (11 November 2002)

MIGRATION - Review of decision of RRT - applicant failed to satisfy Tribunal of genuiness of his well founded fear of persecution - no evidence of bias - no conduct which would provide ground for review under s.39B Judiciary Act.

NAOY v Minister for Immigration [2002] FMCA 275 (6 November 2002)

MIGRATION - Refugee Review Tribunal - refusal of protection visa.

PRACTICE AND PROCEDURE - Dismissal of application by consent - whether a costs order appropriate - model litigant principle - duty of respondent's legal advisers not to take advantage of a self-represented applicant.

COSTS - Consideration of circumstances in which no costs order should be made when an applicant agrees to discontinue an application.

NAKP v Minister for Immigration [2002] FMCA 173 (30 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - application not specifying any reviewable grounds - no grounds for review identified - no error of law identified.

NAHK v Minister for Immigration [2002] FMCA 215 (18 September 2002)

MIGRATION - Motion to vacate orders dismissing application for review of a decision of the Refugee Review Tribunal - non appearance of the applicant at trial - no reasonable excuse offered by applicant for his non appearance - motion refused.

NAFQ v Minister for Immigration [2002] FMCA 192 (30 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - applicant alleged that Tribunal failed to consider him as part of a particular social group - jurisdictional error not an available ground for review.

Nadeem v Minister for Immigration [2003] FMCA 25 (14 February 2003)

MIGRATION - Review of decision of Migration Review Tribunal - student visa - whether applicant had complied with relevant regulations - whether any reviewable error had been demonstrated.

NABK v Minister for Immigration [2003] FMCA 174 (1 May 2003)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming political persecution in Bangladesh - no reviewable error found.

Kabir v Minister for Immigration [2002] FMCA 299 (20 November 2002)

MIGRATION - Temporary Business entry visa - applicant satisfied some but not all of ASCO criteria - decision of Tribunal based on this failure to comply - bias claimed but not established by mere assertion.

WAHN v Minister for Immigration [2002] FMCA 336 (23 December 2002)

MIGRATION - Review of RRT decision - protection visa - determination of nationality of applicant based on linguistic evidence - whether there was a well-founded fear of persecution - weight given to linguistic report - whether a court can impugn a decision of the Tribunal made on the basis of a linguistic report - whether the applicant is entitled to make another application - no reviewable error found.

SZCAT v Minister for Immigration [2004] FMCA 598 (13 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - application for judicial review dismissed as incompetent as the RRT decision previously found to be free of jurisdictional error by the Full Federal Court.

SZBIA v Minister for Immigration [2004] FMCA 922 (1 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant seeking reinstatement of judicial review application following dismissal for non appearance and failure to comply with court order - applicant providing a reasonable excuse for non attendance but no reasonable excuse for non compliance with the earlier order - reinstatement application dismissed.

NAFW v Minister for Immigration [2002] FMCA 130 (26 June 2002)

MIGRATION - Application for review of Refugee Review Tribunal - refusal to grant protection visa - no appearance - dismissal of application.

SZCLD v Minister for Immigration [2004] FMCA 690 (7 October 2004)

MIGRATION - Motion for reinstatement of judicial review application - application dismissed due to non-appearance by the applicant - insufficient reasons advanced by the applicant for reinstatement - motion dismissed.

SZAZW v Minister for Immigration [2004] FMCA 764 (29 October 2004)

MIGRATION - RRT refused protection visa - no grounds for review identified.

SZAAB v Minister for Immigration [2003] FMCA 20 (28 January 2003)

MIGRATION - Power of Federal Court and Federal Magistrates Court to review decisions made under s.48B of the Migration Act.

WAHR v Minister for Immigration [2002] FMCA 245 (9 October 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - no available grounds for review - application dismissed.

WAGS v Minister for Immigration [2002] FMCA 180 (23 August 2002)

MIGRATION - Application for review of decision of the Refugee Review Tribunal - application not specifying any reviewable grounds - no grounds for review identified - no error of law identified.

SZDKJ v Minister for Immigration [2004] FMCA 739 (15 October 2004)

MIGRATION - RRT decision - no error of law found - 78B notice alleging constitutional point - constitutional matter severed and application dismissed.

SZAZY v Minister for Immigration [2004] FMCA 847 (19 October 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for protection visa - review of decision of Refugee Review Tribunal to affirm the decision of a Delegate of the Minister to refuse a protection visa to the applicant - where applicant fails to appear or provide submissions.

SZADX v Minister for Immigration [2003] FMCA 63 (21 February 2003)

MIGRATION - Review of Refugee Review Tribunal affirming a delegate's refusal of a protection visa.

PRACTICE AND PROCEDURE - Res Judicata and anshun estoppel - decision under review previously reviewed by the Federal Court - application dismissed.

SZADN v Minister for Immigration [2003] FMCA 216 (19 May 2003)

MIGRATION - Review of decision of RRT - where applicant does not attend - where decision given without presence of applicant.

SZAAU v Minister for Immigration [2003] FMCA 86 (13 March 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - discontinuance of proceedings.

PRACTICE AND PROCEDURE - Costs - whether costs payable when an applicant in migration proceedings discontinues prior to trial.

NARH v Minister for Immigration [2002] FMCA 303 (25 November 2002)

MIGRATION - Review of a Refugee Review Tribunal decision affirming a delegate's decision to refuse to grant a protection visa - no reviewable error disclosed.

NAAZ v Minister for Immigration [2003] FMCA 202 (15 May 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for a protection visa - whether the applicant has a well-founded fear of persecution for a convention reason - applicant's claims found to be of humanitarian origin and not convention related.

MZWCX v Minister for Immigration [2004] FMCA 938 (21 September 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa.

VEAX v Minister for Immigration [2003] FMCA 53 (24 February 2003)

MIGRATION REVIEW - Protection visa refused - applicant not member of social group within meaning of convention - only unifying factor fear of criminal violence - no jurisdictional error.

SZCLB v Minister for Immigration [2004] FMCA 956 (2 December 2004)

MIGRATION - Visa - partner (Temporary) (Class UK) visa - Migration Review Tribunal - non-compliance with directions - where applicant fails to comply with directions - Rule 13.03 applied - where applicant does not attend court - Rule 13.03A applied - application dismissed.

SZAAM v Minister for Immigration [2003] FMCA 219 (26 March 2003)

MIGRATION - Review of a decision of the Minister not to consider exercising his power to substitute a more favourable decision under s.417 of the Migration Act - objection to competency - jurisdiction.

PRACTICE AND PROCEDURE - Adjournment request - absence of the applicant's adviser overseas - whether the adviser a person entitled to represent the applicant in court considered - whether the absence of the adviser overseas a relevant consideration.

NBCG v Minister for Immigration [2004] FMCA 836 (4 November 2004)

MIGRATION - Refugee Review Tribunal - application for review of decision affirming the decision of a delegate of the Minister not to grant a protection visa to the Applicant - non- compliance with directions - matter placed in Non-compliance List - where the Applicant does not appear - application dismissed under R. 13.03A.

NAOO v Minister for Immigration [2002] FMCA 276 (1 November 2002)

MIGRATION - Protection visa - application to set aside decision of the RRT - no appearance by applicant - application dismissed.

SZDPM v Minister for Immigration [2004] FMCA 820 (15 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa to the Applicant - Applicant a citizen of Bangladesh - where Applicant files a notice of discontinuance three days before the hearing.

SZDLF v Minister for Immigration [2004] FMCA 795 (14 October 2004)

MIGRATION - Refugee.

SZCJO v Minister for Immigration [2004] FMCA 996 (17 December 2004)

MIGRATION - Respondent's application for summary disposal - non compliance with court order - substantial compliance by unrepresented applicant sufficient.

SZCHF v Minister for Immigration [2004] FMCA 653 (29 September 2004)

MIGRATION - Application for review of Refugee Review Tribunal- refusal of a protection (Class XA) visa - application dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 where the applicant did not appear.

SZAXV v Minister for Immigration [2004] FMCA 757 (3 November 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - applicant claiming caste persecution in India - no error of any kind asserted - applicant declining opportunity to make submissions - no jurisdictional error apparent - application dismissed.

PRACTICE AND PROCEDURE - Comments on the desirability of applications which fail to assert any legal error being dealt with promptly.

SZACJ v Minister for Immigration [2003] FMCA 154 (17 April 2003)

MIGRATION - Review of decision of Refugee Review Tribunal - where the applicant failed to appear at the Tribunal hearing and at the hearing for review.

SAAB v Minister for Immigration [2002] FMCA 148 (17 July 2002)

MIGRATION - Application for review of a decision of the Refugee Review Tribunal - application for review not lodged within prescribed period - notice of objection to competency - whether Court has jurisdiction to extend time.

NAQC v Minister for Immigration [2002] FMCA 302 (18 November 2002)

MIGRATION - Protection visa - no appearance by applicant - dismissal of proceedings under Federal Court Rules.

NADU v Minister for Immigration [2002] FMCA 105 (30 May 2002)

MIGRATION - No appearance by applicant - grant of advocacy certificate - application dismissed.

NACA v Minister for Immigration (No.2) [2003] FMCA 234 (6 May 2003)

MIGRATION - Where applicant's application dismissed under Order 32 rule 2 of the Federal Court Rules due to non-attendance at hearing - where an order was made giving the applicant the opportunity to restore the matter by giving explanation for non-attendance - where there was no amended application filed - whether there are any exceptional reasons for restoring the matter.

NABC v Minister for Immigration [2003] FMCA 88 (14 March 2003)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - allegations of political oppression in Bangladesh - whether the RRT properly considered the claims - whether the RRT proceedings were procedurally fair - whether the RRT acted bona fide - grounds of review lacking substance.

Baidakova v Minister for Immigration [2002] FMCA 332 (6 December 2002)

MIGRATION - Review of Migration Review Tribunal's decision - entry to Australia on student visa - change in circumstance - application for family change in circumstance residence visa - failure to comply with pre-requisite of visa application - no reviewable error.

SZCOZ v Minister for Immigration [2004] FMCA 914 (1 December 2004)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - application for reinstatement of a judicial review application dismissed for non appearance and for default of compliance with a court order - applicant advancing insufficient explanation for his non attendance - reinstatement application dismissed.

NACA v Minister for Immigration [2003] FMCA 125 (4 April 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - application for protection visa - whether the applicant has a well-founded fear of persecution - no appearance at hearing - refusal of adjournment.

SZCSN v Minister for Immigration [2004] FMCA 851 (5 November 2004)

MIGRATION - Application by respondent Minister for summary dismissal - where amended application for judicial review failed to particularise claims of jurisdictional error - whether application should be dismissed for failing to comply with orders of the Court.

SZBZB v Minister for Immigration [2004] FMCA 695 (30 September 2004)

MIGRATION: Application to review decision of Refugee Review Tribunal - non-appearance by applicant.

SZBTL v Minister for Immigration [2004] FMCA 744 (22 September 2004)

MIGRATION - Visa - Protection visa - Refugee Review Tribunal - application for protection visa - application for review of decision of Refugee Review Tribunal.

COSTS - Assessment - Federal Magistrates Court.

PRACTICE & PROCEDURE - Discontinuance - where Respondent seeks an order for costs when the Applicant seeks to discontinue prior to hearing.

SZBSG v Minister for Immigration [2004] FMCA 991 (26 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of a decision by the Refugee Review Tribunal affirming a decision of a delegate of the Minister to refuse a protection visa to the Applicants - Applicants citizens of Fiji - where Applicants did not appear at the final hearing - where Applicants' former solicitors filed a notice of discontinuance before the hearing.

COSTS - Circumstances justifying order - where Respondent seeks an order for costs despite the fact that the notice of discontinuance was filed a month before the hearing date - necessary to examine the work completed before the notice of discontinuance was filed.

SZAXW v Minister for Immigration [2004] FMCA 834 (18 October 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - no appearance by applicant.

SZABO v Minister for Immigration [2002] FMCA 354 (23 December 2002)

MIGRATION - Review of Migration Review Tribunal decision - application for a bridging visa - whether applicant met the necessary criteria required for bridging visa - whether applicant could apply for permanent residency - no reviewable error found.

NAUH v Minister for Immigration [2004] FMCA 567 (18 August 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - no appearance by applicant.

NASB v Minister for Immigration [2002] FMCA 352 (20 December 2002)

MIGRATION - Review of RRT decision - application for protection visa - fear of persecution for reasons of religion - credibility of evidence - no appearance by applicant.

NAQU v Minister for Immigration [2002] FMCA 356 (5 December 2002)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa - no reviewable error found.

NAPT v Minister for Immigration [2002] FMCA 251 (16 October 2002)

MIGRATION - Application for review of decision of delegate to the Minister - and of Minister under s.48B - powers in nature of non-compellable discretion - no jurisdiction to review - no appearance of applicant - application dismissed.

NAMT v Minister for Immigration [2002] FMCA 198 (28 August 2002)

MIGRATION - Application for review of a decision of the Refugee Review Tribunal - application for review not lodged within prescribed period - notice of objection to competency - whether Court has jurisdiction to extend time.

SZDQG v Minister for Immigration & Anor [2004] FMCA 825 (15 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of a decision of the Refugee Review Tribunal affirming a decision of the delegate not to grant a protection visa - where application settled before the final hearing date.

SZCEQ v Minister for Immigration [2004] FMCA 665 (21 September 2004)

MIGRATION - Leave to withdraw - non-appearance.

SZABB v Minister for Immigration [2003] FMCA 130 (19 February 2003)

MIGRATION - Review of Minister's decision not to consider substituting a more favourable decision - application found incompetent by consent.

NAYC v Minister for Immigration [2004] FMCA 828 (3 November 2004)

MIGRATION - Application to review decision of Refugee Review Tribunal - non-appearance by Applicant.

NAJX v Minister for Immigration [2002] FMCA 298 (20 November 2002)

MIGRATION - Application for protection visa - applicant not present at hearing - Tribunal decision based on lack of credibility of applicant - application dismissed.

Chi v Minister for Immigration [2004] FMCA 654 (29 September 2004)

MIGRATION - Application for review of Migration Review Tribunal- refusal of a Student (Temporary) (Class TU) visa - application dismissed pursuant to Rule 13.03A(c) of the Federal Magistrates Court Rules 2001 where the applicant did not appear.

SZDPX v Minister for Immigration [2004] FMCA 591 (25 June 2004)

MIGRATION - Visa - Bridging visa - where applicant does not appear because he was previously removed from Australia - summary dismissal.

VCAM v Minister for Immigration (No.2) [2003] FMCA 226 (24 January 2003)

MIGRATION - Application for costs - Applicant to pay Respondent's costs.

SZDMD v Minister for Immigration [2004] FMCA 927 (18 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of a delegate of the Minister to refuse a protection visa to the Applicant - Applicant a citizen of India - application dismissed pursuant to R 13.03A.

SZDKY v Minister for Immigration [2004] FMCA 917 (25 October 2004)

MIGRATION - Non-appearance.

NAUO v Minister for Immigration & Anor [2004] FMCA 703 (30 September 2004)

MIGRATION - Migration Act - refugee - failure to appear - application for review of a decision of RRT - application dismissed pursuant to rule 13.03A for non-appearance of applicant.

Ho v Minister for Immigration [2004] FMCA 928 (18 November 2004)

MIGRATION - Visa - student visa - Migration Review Tribunal - application for review of decision of the Migration Review Tribunal affirming a decision of delegate of the Minister not to grant a student visa to the Applicant - Applicant a citizen of China - no appearance by Applicant at final hearing.

SZDOJ v Minister for Immigration [2004] FMCA 913 (30 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of a decision affirming a decision by a delegate of the Minister not to grant a protection visa to the applicant - applicant a citizen of India - applicant claims a well-founded fear of persecution because of his support for a Muslim political party - settled on terms favourable to the applicant - writs of certiorari and mandamus to issue.

Samuel v Minister for Immigration (No.2) [2004] FMCA 877 (26 November 2004)

PRACTICE AND PROCEDURE - Costs - migration.

NAYT v Minister for Immigration [2004] FMCA 979 (22 November 2004)

MIGRATION - Visa - protection visa - Refugee Review Tribunal - application for review of decision of Refugee Review Tribunal affirming a decision of delegate of the Minister to refuse a protection visa to the applicant - where applicant left the country prior to the hearing.

NALN v Minister for Immigration [2002] FMCA 203 (22 August 2002)

MIGRATION - Review of decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no grounds for review advanced - application dismissed.

Kumar v Minister for Immigration (No.2) [2003] FMCA 225 (24 January 2003)

MIGRATION - Application for costs - Applicant to pay Respondent's costs pursuant to the Federal Court Rules.

SZCET v Minister for Immigration [2004] FMCA 710 (23 August 2004)

MIGRATION - Summary dismissal where applicant did not comply with Registrar's orders and did not appear before Tribunal.

NAAJ v Minister for Immigration [2003] FMCA 94 (12 March 2003)

MIGRATION - Where applicant accepts the findings of the Tribunal - costs order remitted appropriately.

CZAA V Minister for Immigration [2004] FMCA 883 (19 October 2004)

MIGRATION - Refugee Review Tribunal - protection visa - application dismissed.

Hettiarachchige v Minister for Immigration [2003] FMCA 236 (13 June 2003)

MIGRATION - Review of decision of the Migration Review Tribunal - application for a change in circumstance (Residence) (Class AG) visa - special need relative - jurisdictional error - contravention of s.359A - grounds for review - matter remitted to Migration Review Tribunal.

WAJF v Minister for Immigration [2003] FMCA 235 (13 June 2003)

MIGRATION - Review of Refugee Review Tribunal's decision affirming a delegate's refusal of a protection visa - disputed findings of fact - no reviewable error found.

NACG v Minister for Immigration [2003] FMCA 239 (29 May 2003)

MIGRATION - Review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister not to grant a protection visa - operation of the privative clause in the Migration Act 1958 (Cth) - whether any reviewable error disclosed by the decision of the RRT - applicant from China - whether the applicant was denied procedural fairness.

Khanfer v Minister for Immigration [2003] FMCA 238 (29 May 2003)

MIGRATION - Review of decision of the Migration Review Tribunal - application for a temporary partner visa - where the applicant did not hold a substantive visa at the time of application - whether there were any compelling reasons for not lodging the application in time - whether Tribunal misunderstood meaning of exceptional reasons - whether the decision is reviewable.

Ali v Minister for Immigration [2003] FMCA 243 (14 April 2003)

MIGRATION - Review of Migration Review Tribunal decision - cancellation of a student visa - breach of limited work condition - no reviewable error disclosed.

WAJE v Minister for Immigration [2003] FMCA 240 (18 June 2003)

MIGRATION - Review of Refugee Review Tribunal's decision affirming a delegate's refusal of a protection visa - disputed findings of fact - no reviewable error found.

SZAAJ v Minister for Immigration [2003] FMCA 247 (12 June 2003)

MIGRATION - Review of Refugee Review Tribunal decision - refusal of a protection visa - whether hearing should be adjourned to permit applicant to better prepare his case - procedural fairness - access to country information available to the RRT - alleged interpretation difficulties - no reviewable error found.

NADY v Minister for Immigration [2003] FMCA 246 (29 May 2003)

MIGRATION - Application to review decision of Refugee Review Tribunal - no jurisdictional error - credibility - no denial of procedural fairness.

Korovata v Minister for Immigration [2003] FMCA 250 (23 May 2003)

MIGRATION - Review of Decision of Migration Review Tribunal - no jurisdictional error - no breach of s.359A of the Migration Act - no denial of procedural fairness.

Griffiths v Minister for Immigration [2003] FMCA 249 (20 June 2003)

MIGRATION - Cancellation of visa under s.501 of the Migration Act 1958 (Cth) - Ministerial decision record not reasons for decision - whether failure to provide reasons constitutes breach of natural justice - jurisdictional error - whether best interest of children include interests of unborn child - Wednesbury unreasonableness.

VBAS v Minister for Immigration [2003] FMCA 254 (27 June 2003)

MIGRATION - Review of a decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister refusing to grant a protection visa - no reviewable error disclosed - application dismissed.

Leung v Minister for Immigration [2003] FMCA 253 (25 June 2003)

MIGRATION - Review of decision of the Migration Review Tribunal - refusal to grant partner (provisional) (class UF) visa, sub-class 309 - no jurisdictional error - application dismissed.

VGAF v Minister for Immigration [2003] FMCA 260 (5 June 2003)

MIGRATION - Review of decision of the Refugee Review Tribunal - no jurisdictional error - application dismissed.

Huynh v Minister for Immigration [2003] FMCA 207 (25 July 2003)

MIGRATION - Review of personal Ministerial decision - cancellation of permanent residence visa - character of applicant - applicant a refugee - failure by Minister to consider applicant's refugee status - whether the Minister failed to take into account a relevant consideration - whether the Minister summarily disappointed a legitimate expectation - whether decision of the Minister reviewable and invalid notwithstanding s.474 of the Migration Act.

SZAJX Minister for Immigration [2004] FMCA 175 (22 March 2004)

MIGRATION - Review of Refugee Review Tribunal decision affirming a delegate's refusal of a protection visa -findings of fact - no reviewable error found.

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